Allowed

Md. Salik v. The State of Bihar and Anr.

Patna HC20 Jun 2019CR. MISC./3716/2019

Case brief

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What is this about?

The Patna High Court disposed of a regular bail application in a matrimonial dispute under Sections 498A/323 IPC. Alongside surrender and provisional bail confirmation, the Court directed the petitioner to pay Rs.3,000 monthly to the wife for one year and cooperate in pending family court proceedings.

What did the court decide?

Petitioner directed to surrender; provisional bail confirmed with condition of paying Rs.3,000 monthly to O.P.2 for one year and cooperating in Family Court.

Md. Salik Vs The State of Bihar and Anr. — Matrimonial and Divorce | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3716 of 2019

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Arising Out of PS. Case No.-1559 Year-2017 Thana- KATIHAR COMPLAINT CASE District- Katihar

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Md. Salik Sarifuddin Resident of Village- Tisliya, P.S.- Abadpur, DistrictKatihar.

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... ... Petitioner/s

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Versus

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The State of Bihar and anr Bihar

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Roshida Khatoon Salik, D/o Tupa @ Md. Takaru Resident of VillageLaguya Satwa, P.S.- Abadpur, District- Katihar.

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... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr.Md. Musowir For the Opposite Party/s : Mr.Ganesh Prasad Singh

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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5 20-06-2019 Heard the parties.

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This application is for grant of regular bail in connection with C.A. Case No.1559 of 2017for the offences under Sections 498(A)/323 of the Indian Penal Code.

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Allegation against the petitioner is of assaulting the informant for demand of Rs.03 lac and ousted her from the house.

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Submission of the learned counsel for the petitioner is that he has already filed a Matrimonial case for restitution of the conjugal right and that is still pending and he is still ready to keep her .

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On the other hand learned counsel for the O.P.no.2 has appeared and submitted that as he has married with another lady as such it is not possible for O.P.no.2 to reside with the

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Patna High Court CR. MISC. No.3716 of 2019(5) dt.20-06-2019 2/2

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petitioner . From perusal of the record, it appears that the matter was also referred to the Mediation and Re-conciliation Centre but the report of the Meditation at flag ‘A’ shows that in spite of their best efforts the dispute could not be settled during the process of the meditation.

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Heard learned A.P.P. also.

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Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with direction to the petitioner to surrender by 3.7.2019 before the learned court below and on surrender the provisional bail granted to the petitioner, vide order dated 25.1.2019 shall be confirmed with condition that he will pay Rs.3,000/- (three thousand) per month to the O.P.no.2 for a period of one year. It is expected that during that period the O.P.no.2 will approach the Family Court for maintenance and the petitioner shall cooperate in the disposal of the same and abide by the order passed by the learned Family Court either interim or final.

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With the above direction, this application is disposed of.

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(Vinod Kumar Sinha, J)

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chn/- U T

Md. Salik v. The State of Bihar and Anr.

Case brief

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Md. Salik v. The State of Bihar and Anr.

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