Allowed

Md. Faiyaj v. the State of Bihar and Anr.

Patna HC12 Jun 2020CR. MISC./9844/2019

Case brief

AI extract

What is this about?

The BHJC granted pre-arrest bail to the petitioner in an IPC 498-A case. Based on counsel's submission that reconciliation occurred outside court despite prior mediation failure, the court ordered release upon furnishing a bond with sureties under Section 438(2) CrPC.

What did the court decide?

Petitioner directed to be released on bail on furnishing bond of Rs. 10,000 with two sureties subject to conditions under Section 438(2) CrPC.

Md. Faiyaj Vs the State of Bihar and Anr. — Bail and Remand | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9844 of 2019

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Arising Out of COMPLAINT CASE No.-85 Year-2017 District- Sitamarhi

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======================================================

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Md. Faiyaj Son of Motiur Rahman Resident of Village- Sakrauli, P.S.Nanpur, District- Sitamarhi.

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... ... Petitioner

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Versus

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The State Of Bihar

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Mosrat Praveen Wife of Faiyaz, D/o Late Md. Muslim at present residing at Village - Kumha, P.S.- Sursand, District- Sitamarhi.

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... ... Opposite Parties

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====================================================== Appearance : For the Petitioner : Mr.Uday Kumar, Advocate For the Opposite Party : Mr.Akhileshwar Dayal, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH

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ORAL ORDER

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8 12-06-2020 Heard learned counsel for the petitioner and learned

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Additional Public Prosecutor for the State via video conferencing.

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Nobody appears on behalf of opposite party no. 2.

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The petitioner seeks pre-arrest bail in connection with Complaint Case No.C1/85/2017 in which cognizance has been taken under Section 498 of the Indian Penal Code.

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It would appear from the previous orders passed by this Court that the matter was sent to Patna High Court Mediation Centre for reconciliation and settlement of dispute between the parties. However, the learned Mediator reported that due to non-appearance of the parties on successive dates,

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Patna High Court CR. MISC. No.9844 of 2019(8) dt.12-06-2020 2/2

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the Mediation Proceeding failed.

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Learned counsel for the petitioner submitted that both husband and wife are now living together happily and they have reconciled their differences outside the court. He submitted that in this regard statement of opposite party no. 2 has already been recorded by the court below.

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Considering the submissions made above, in the event of arrest or surrender before the court below, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Pupri at Sitamarhi in Complaint Case No.C1/85/2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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(Ashwani Kumar Singh, J)

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kanchan/-

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U T

Md. Faiyaj v. the State of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Md. Faiyaj v. the State of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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