Created by Fuzzy Cloud

Patna High Court

Sohail AnjumversusState Of Bihar and Anr

Decided
Disposal
ALLOWED

Holding

The High Court set aside the trial court's order refusing to confirm provisional anticipatory bail and confirmed the bail, directing efforts for reconciliation.

Summary

The petitioner, Sohail Anjum, filed a petition under Cr. Misc. No. 23430 of 2018 seeking to quash the order dated 13 September 2017 of the Special Judge CBI-1-cum-A.C.J.M., Patna, which refused to confirm the provisional anticipatory bail previously granted by the Patna High Court on 19 May 2015. The High Court had directed the trial court to attempt reconciliation between the husband and wife and to confirm the bail if settlement was achieved. The trial court declined confirmation on the ground that the informant (the wife) was not willing to reside with the petitioner and that the petitioner allegedly did not accept her conditions. The petitioner contended he was ready to keep his wife and children with dignity and had made a partial settlement payment, urging confirmation of bail. After hearing both sides, the High Court set aside the trial court's order, confirmed the provisional bail, and directed the trial court to take steps for reconciliation, allowing the petition.

Issues considered

  • What is the appropriate legal standard for confirming provisional anticipatory bail under the circumstances?
  • Whether the trial court's refusal to confirm bail, based on the informant's unwillingness to cohabit, is justified?
  • Whether the High Court can direct the trial court to pursue reconciliation between the parties.

Subjects

  • anticipatory bail
  • provisional bail
  • reconciliation
  • Criminal Procedure Code
  • family dispute
  • bail confirmation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23430 of 2018
                   Arising Out of PS. Case No.-470 Year-2014 Thana- PHULWARISHARIF District- Patna
                 ======================================================
                 Sohail Anjum S/o Late Anwar Latif, R/o New Karim Ganj, Road No. 3/B
                 Gaya, P.S.- Civil Line Gaya, District- Gaya.

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    State Of Bihar
           2.    Dr. Sufia Perween, W/o Sohail Anjum, D/o Juhil Akhtar, R/o Mohalla-
                 Millat colony, sector-2, P.S.- Phulwarisharif, District- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Uday Prasad, Advocate
                 For the Opposite Party/s :      Mr. Manoj Kumar, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

7   21-04-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. This application has been filed on behalf of the

                   petitioner for quashing the order dated 13.09.2017 passed by the

                   learned      Special       Judge    CBI-1-cum-A.C.J.M.,            Patna      in

                   Phulwarisharif P.S. Case No. 470 of 2014, G.R. No. 5010 of

                   2014 whereby he has not confirmed the provisional bail of the

                   petitioner granted by this Court vide order dated 19.05.2015

                   passed in Cr. Misc. No. 21525 of 2015 wherein it was directed

                   to the Court concerned to make efforts for reconciliation

                   between the husband and the wife. It was further observed that

                   if the dispute is resolved, the provisional bail granted to the
Patna High Court CR. MISC. No.23430 of 2018(7) dt.21-04-2026
                                            2/3




          petitioner shall be confirmed and if the dispute does not resolve

          the court shall pass order in accordance with law. The Trial

          Court, vide order dated 13.09.2017, did not confirm the

          provisional bail granted to the petitioner on the ground that the

          informant is not ready to reside with the petitioner and it

          appears that petitioner is not ready to accept the conditions put

          by the informant which shows that he is not ready for

          settlement.

                       3. Learned counsel for the petitioner submits that the

          petitioner was and is ready to keep his wife with the children

          with full dignity and honour according to his status. He had filed

          an application before the Court concerned to settle the matter in

          this case and even the case was settled between the parties and

          the petitioner had made demand draft of Rs. 2,50,000/- out of

          Rs. 7,50,000/- but O.P. No. 2 denied to settle the matter due to

          misadvice. Since the petitioner is always ready to keep his wife

          and both children with full dignity and honour and also ready to

          settle the matter with the informant, the anticipatory bail granted

          to the petitioner by this Court is liable to be confirmed and the

          order of the learned Trial Court is liable to be set aside.

                       4. Learned A.P.P. for the State submits that in the facts

          and circumstances, appropriate order may be passed.
              Patna High Court CR. MISC. No.23430 of 2018(7) dt.21-04-2026
                                                          3/3




                                     5. Despite sufficient opportunity given to O.P. No. 2,

                        no one is present on her behalf.

                                     6. Having heard the learned counsel for the petitioner

                        and learned A.P.P. for the State, it appears that this Court had

                        granted provisional anticipatory bail to the petitioner, vide order

                        dated 19.05.2015 with direction to the learned Trial Court for

                        making efforts for reconciliation between husband and wife.

                        The settlement cannot be done without co-operation of the

                        parties. Petitioner is ready to keep his wife and both children

                        and is also ready to settle the matter with the informant.

                                     7. In view of the said facts and circumstances,

                        impugned order dated 13.09.2017 is set aside and the

                        provisional bail granted to the petitioner is confirmed. The

                        learned Trial Court may take steps for reconciliation/settlement

                        between the petitioner and the informant/O.P. No. 2.

                                     8. Accordingly, the present petition stands allowed.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.