Partly allowed

Md. Faiyaz @ Rocky @ Md. Fahiyaz v. The State of Bihar

Patna HC22 Nov 2021CR. MISC./8545/2020

Case brief

AI extract

What is this about?

The single judge granted anticipatory bail to the petitioner in a matrimonial dispute pending under various IPC sections, directing parties to reconcile. Pending settlement, provisional bail for three months was granted with conditions including cohabitation and a separate phone for the wife.

What did the court decide?

Provisional bail granted for three months subject to furnishing bond, conditions for cohabitation, and joint affidavit of settlement.

Md. Faiyaz @ Rocky @ Md. Fahiyaz Vs The State of Bihar — Matrimonial and Divorce | Patna HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8545 of 2020

¶2

Arising Out of PS. Case No.-161 Year-2019 Thana- NALANDA COMPLAINT CASE

¶3

District- Nalanda

¶4

====================================================== Md. Faiyaz @ Rocky @ aged about 31 years, Md. Fahiyaz Son of Md. Riyaz @ Doman Miyan Resident of Village - Mafi, P.S.- Asthawan, District – Nalanda. ... ... Petitioner

¶5

Versus

¶6

The State of Bihar

¶7

Mehar Praveen @ Pinky Wife of Md. Fahiyaz @ Rocky Resident of Village - Mafi, P.S.- Asthawan, District - Nalanda at Present D/o Salbauddin Alam, R/o Mohalla - Moghalkhan, P.S.- Sohsarai, District - Nalanda.

¶8

... ... Opposite Parties

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Ajit Ranjan Kumar, Advocate For the State : Mr.Pramod Kumar Pandey, APP For Opposite Party no.2 : Mr. Ravi Prakash Dwevedi, Advocate ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR

¶11

ORAL ORDER

¶12

5 22-11-2021 This is the application for grant of anticipatory bail in connection with Complaint Case No. 161C of 2019 for the offence under sections 498A 406, 420, 379, 323, 120B and 504/34 of the Indian Penal Code.

¶13

Both the parties are personally present in this Court and both expressed their desire to stay together.

¶14

Earlier there were some disputes but it seems that there is a chance of compromise between the parties.

¶15

In these circumstances, the petitioner shall go and bring his wife to his house by 30.11.2021and thereafter both the parties will file an application in the Court below that they have amicably settled their disputes and they are staying together. The petitioner will also provide a separate mobile phone number

¶16

Patna High Court CR. MISC. No.8545 of 2020(5) dt.22-11-2021 2/2

¶17

to opposite party no.2 from which she can talk to her parents as and when she desires.

¶18

On filing of the aforesaid application by both the parties in the Court below, the Court below will release the petitioner on provisional bail for a period of three months on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of Sri Vidya Nand Sagar, learned Judicial Magistrate-1st Class, Nalanda at Bihar Sharif, in Complaint Case No. 161C of 2019 subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure.

¶19

After completion of three months, both the parties will again appear before the learned Court below. The Court below will verify the conduct of both the parties and thereafter take a decision either to confirm the provisional bail or to cancel the same in the facts of the case.

¶20

Till filing of the application by both the parties in the Court below, the interim protection granted to the petitioner vide order dated 3.3.2020 shall continue

¶21

(Sandeep Kumar, J)

¶22

Ravi/- U T

Md. Faiyaz @ Rocky @ Md. Fahiyaz v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Faiyaz @ Rocky @ Md. Fahiyaz v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mukesh Paswan @ Mukesh Kumar Paswan Vs the State of Bihar

Uma Singh Vs The State of Bihar

Ramashray Shukl @ Rameshwar Shukla Vs the State of Bihar

Kundan Paswan Vs the State of Bihar

Vinay Kumar @ Vinay Kumar Rai Vs the State of Bihar

Chandan Kumar Vs The State of Bihar