Fazlu @ Fazlur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83296 of 2019 Arising Out of PS. Case No.-587 Year-2018 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== FAZLU @ FAZLUR RAHMAN Son of Basiruddin Resident of Village - Panchpeer, P.S.- Pothia, Distt.- Kishanganj.

... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Maryam Wife of Fazlu @ Fazlur Rahman Resident of Village - Panchpeer, P.S.- Pothia, Distt.- Kishanganj.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar, Adv.

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-04-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. C 587 of 2018, registered for the offences punishable under Sections 498 (A) of the Indian Penal Code.

As per allegation, the marriage of the complainant was solemnized with the petitioner in the year 2015. After birth

Patna High Court CR. MISC. No.83296 of 2019(8) dt.19-04-2022 2/3 of the female child she was subjected to atrocities. Lastly, she was ousted from the matrimonial house. In order to explore the possibility of amicable solution of the dispute, the notice was issued twice to the complainant but it could not be served upon her.

Learned Addl. P.P., Mr. Shailendra Kumar, has submitted that notice may be transmitted through the learned trial court to the complainant.

Let the petitioner, in the event of his arrest or surrender within four weeks from today before the learned court below, be released provisionally for six months on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Kishanganj in connection with Complaint Case No. C 587 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

It is further observed that learned court below shall take endeavor to explore the possibility of amicable solution of the dispute between the parties. If the process of mediation fails due to evasion of the petitioner, the court below shall be at liberty to cancel his bail bond and if it appears to the learned court below that the complainant was not ready to go to her

Patna High Court CR. MISC. No.83296 of 2019(8) dt.19-04-2022 3/3 matrimonial house, the bail bond of the petitioner shall be confirmed by the learned court below itself after six months. With these observations, this criminal miscellaneous petition is disposed of.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T