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Md. Alam @ Mohd. Alam v. The State of Bihar

Patna HC13 Dec 2023CR. MISC./52610/2023

Case brief

AI extract

What is this about?

The High Court granted pre-arrest bail to the petitioner in a matrimonial dispute case where parties had amicably settled. The court directed the District Court to verify cohabitation and release the petitioner on bail if no further allegations are made.

What did the court decide?

Directed District Court to sumpan parties for verification of cohabitation and release petitioner on pre-arrest bail if no further allegations are made.

Md. Alam @ Mohd. Alam Vs The State of Bihar — Matrimonial and Divorce | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52610 of 2023

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Arising Out of PS. Case No.-234 Year-2022 Thana- PURNIA COMPLAINT CASE DistrictPurnia

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

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MD. ALAM @ MOHD. ALAM, Male, aged about 26 years, SON OF NAUSHAD ALI, RESIDENT OF VILLAGE- SADHVAILI SAKHUWA GHAT, WARD NO. 2, PS- KASBA, DIST- PURNEA

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... ... Petitioner/s

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Versus

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The State of Bihar

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FARZANA KHATOON, female, aged about 24 years, WIFE OF MD. ALAM @ MOHD. ALAM, daughter of Md. Mainul Haque, RESIDENT OF VILLAGE- SADHVAILI SAKHUWA GHAT, WARD NO. 3, PSKASBA, DIST- PURNEA

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Bipin Kumar, Advocate For the Opposite Party/s : Mr.Ram Anurag Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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4 13-12-2023

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Heard Mr. Bipin Kumar, learned counsel appearing

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on behalf of the petitioner and Mr. Ram Anurag Singh, learned APP for the State.

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The petitioner seeks pre-arrest bail in connection

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with Complaint Case No. 234 of 2022 registered for the offence(s) punishable under Sections 498(A) of the Indian Penal Code and Section 4 of the D.P.Act.

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The present complaint petition has been filed by the wife of the petitioner, who is the complainant. The matter went before the Mediator of the Mediation and Conciliation Centre, Patna High Court and the parties resolved amicably and

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Patna High Court CR. MISC. No.52610 of 2023(4) dt.13-12-2023 2/3

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now it has been informed by opposite party no.2/complainant that petitioner is not taking her due care in terms of the agreement entered on 04.09.2023.

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Learned counsel appearing on behalf of the petitioner submits that petitioner is ready to live along with the opposite party no.2 on the terms and conditions agreed between them.

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Considering the nature of allegation made against the petitioner by his wife/opposite party no.2, as a result of strained matrimonial relationship and thereafter they have amicably settled the matrimonial dispute and parties are now ready to live together on the terms and conditions mentioned in the compromise petition 04.09.2023, the District Court is directed to summon the opposite party no.2/complainant and the petitioner and see whether the parties are living together and if no further complain/allegation is made by opposite party no.2 then in that case, the petitioner is directed to be released on prearrest bail in connection with Complaint Case No. 234 of 2022 pending in the Court of learned S.D.J.M., Purnea, on such terms and conditions as the court below deems it fit and proper under Section 438(2) of the Cr.P.C, ensuring that the petitioner will abide by the terms and conditions of the compromise.

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Patna High Court CR. MISC. No.52610 of 2023(4) dt.13-12-2023 3/3

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In case of failure, the District Court is directed to

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proceed in accordance with law and this order will automatically lose its force.

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

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(Purnendu Singh, J)

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Sanjay/-

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Md. Alam @ Mohd. Alam v. The State of Bihar

Case brief

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Md. Alam @ Mohd. Alam v. The State of Bihar

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