Md. Samsuddin v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79197 of 2018 Arising Out of PS. Case No.-482 Year-2017 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Md. Samsuddin Son of Idrish Mian, resident of village Jataha P.S.-Jataha, District-Kushi Nagar (Uttar Pradesh).

... ... Petitioner/s

Versus

1. State of Bihar

2. Nagama Khatoon W/O Md. Samsuddin, resident of village-Jataha P.S.-Jataha, District-Kushi Nagar. At Present Address D/o Jibarail Hal, resident of villagerattan Mala, Ward No. 32, P.S.-Bagaha District-West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prithvi Nath Mishra For the Opposite Party/s :

Mr.Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner, learned counsel for the complainant as well as learned A.P.P. The petitioner apprehends his arrest in Complaint Case No.482 of 2017 registered under Section 498A of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is ready to keep his wife on any undertaking. Learned counsel for the complainant submits that the complainant (wife) is also ready to live with her husband. Considering the willingness of husband and wife, the above named petitioner is directed to surrender in the court below within four weeks from the date of receipt/production of

Patna High Court Cr.Misc. No.79197 of 2018(2) dt.28-01-2019 2/2 a copy of this order and the court below shall enlarge the petitioner on provisional bail for six months, on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bagaha, West Champaran in connection with Complaint Case No.482 of 2017 (Trial No.3884 of 2018), subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and the court below shall make efforts for reconciliation between the husband and the wife. If the dispute is resolved and the petitioner keeps his wife properly, the provisional bail granted to the petitioner shall be confirmed and if the dispute is not resolved between the husband and the wife, the court below shall pass order in accordance with law on the provisional bail of petitioner immediately after lapse of six months.

(Prabhat Kumar Jha, J) Harish/- U