Md. Musa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81530 of 2019 Arising Out of PS. Case No.-2831 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== Md. Musa Son of Late Sarfuddin Resident of Village-Kharhat Purab Tola, P.S.-Araria (Bairgachhi O.P.), District-Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Bibi Shahin Khatoon Wife of Md. Musa, Daughter of Md. Rais Resident of Village-Madanpur, Tola-Chandbhag, P.S-Araria (Madanpur O.P.), DistrictAraria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Prasad Singh, Adv.

For the Opposite Party/s :

Mr.Anita Kumari, APP For O.P. No. 2 :

Mr.Nafisuzzoha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-08-2021 Heard Mr. Anil Prasad Singh, learned Advocate for the petitioner and Mr. Nafisuzzoha, learned Advocate for the opposite party no. 2. The State is represented by Ms. Anita Kumari, learned APP.

The petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 2831C/2018 in which cognizance has been taken under Sections 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

At the outset, learned counsel for the petitioner has submitted that he is not averse to the talks of settlement

Patna High Court CR. MISC. No.81530 of 2019(5) dt.23-08-2021 2/3 with his wife/opposite party No. 2, provided she is agreeable for the same. He also wants a rapprochement and perhaps restitution of conjugal rights.

Considering the aforesaid stand of the petitioner, this Court directs that if he surrenders before the Court below within a period of eight weeks from today, he shall be released on provisional bail. While granting provisional bail to the petitioner, his wife (opposite party No. 2) shall be noticed and on her appearance, the Court below shall explore the possibilities of settlement between the spouses. In case, the settlement is arrived at, the Court below shall fix the modality of the return of opposite party No. 2 to her matrimonial home.

The provisional bail of the petitioner shall be confirmed only on settlement of dispute between the parties or in the event of the opposite party No. 2 deliberately choosing not to settle the dispute without any appropriate cause.

If the conduct of the petitioner is found to be genuine, his provisional bail shall be confirmed by the Court

Patna High Court CR. MISC. No.81530 of 2019(5) dt.23-08-2021 3/3 below.

With the aforesaid observation/direction, the application stands disposed of.

(Ashutosh Kumar, J) sunilkumar/- U T