Makbul Hussain v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4650 of 2019 Arising Out of PS. Case No.-525 Year-2016 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== Makbul Hussain, son of Late Sk. Raful resident of Village-Baingdho, PSAmour, Distt-Purnea ... ... Petitioner/s
Versus
1.
State of Bihar 2.
Muntajara Khatoon W/o Makbul Hussain, D/o Md. Rafique Alam, Resident of village -Malahriya, PS-Baisi, Distt.-Purnea ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Ziaul Quamar For the Opposite Party/s :
Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-03-2019 The petitioner apprehends his arrest in connection with Complaint Case No. 525 of 2016 registered under Section 498A of the Indian penal Code and 3 and 4 of the Dowry Prohibition Act.
Allegation is of subjecting the O.P. No. 2 to cruelty and harassment with respect to demand of Rs. One lac. Submission of learned counsel for the petitioner is that whole allegation is false and concocted and petitioner is ready to keep her with full dignity and care.
Heard learned APP and learned counsel appearing on behalf of the O.P. No. 2. It is submitted that she has no objection in residing with the petitioner, if he is ready to keep her with full
Patna High Court CR. MISC. No.4650 of 2019(3) dt.12-03-2019 2/2 dignity and care.
In such view of the matter, this application is disposed of with a direction to the petitioner to surrender before the court below on 05.04.2019 and file a petition with an affidavit that he is ready to keep his wife. On that day, O.P.No. 2 shall also remain present in court fromwhere petitioner will take O.P.No. 2 to his house for keeping as wife with dignity and care. On which, the court below shall release the petitioner on provisional bail to its own satisfaction for a period of six months and watch the conduct of both parties by calling upon them on the first week of every month. Once, it is satisfied that conduct of both parties are harmonious, provisional bail granted to the petitioner shall be confirmed, otherwise he is free to pass any order or orders which will be deem fit and proper including the cancellation of the bail bond of the petitioner. (Vinod Kumar Sinha, J) sujit/- U T