Md. Maqsud v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2807 of 2019 Arising Out of PS. Case No.-179 Year-2017 Thana- COMPLAINT CASE District- Supaul * ====================================================== Md. Maqsud, son of Md. Jameer, R/o Vill-Matkuriya, P.S-Triveniganj, Distt.- Supaul.

... ... Petitioner/s

Versus

1.

State of Bihar 2.

Bibi Jannatun Khatoon, wife of Md. Maqsud, Daughter of Md. Saleem, R/o Vill-Matkuriya, P.S-Triveniganj, Distt.-Supaul, at present Vill-Belsandi, P.SNarpatganj,Distt.-Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Agreva Pratap, Advocate.

Mr.Arun For the Opposite Party/s :

Mr.Shaheen Begum, APP Mr. Ranjay Kumar Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-03-2019 The petitioner apprehends his arrest in connection with Complaint Case No. 179C of 2017 registered under Sections 498A of the Indian penal Code.

Allegation against the petitioner is of torturing and harassing the O.P.No. 2 with respect to demand. Submission of learned counsel for the petitioner is that petitioner is ready to keep her but she is residing in her Maika for the last four years.

Heard learned APP also as well as learned counsel appearing on behalf of the informant. It is submitted on behalf of the O.P.No. 2 that she is also ready to live with the petitioner

Patna High Court CR. MISC. No.2807 of 2019(3) dt.07-03-2019 2/2 unless she is kept with dignity and care.

Having heard both sides and in the facts and circumstances, as stated above, this application is disposed of with a direction to the petitioner to surrender before the court below on 01.04.2019 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 her to his house for keeping her 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 it is free to pass any order or orders which will be deem fit and proper including the cancellation of his bail bond.

(Vinod Kumar Sinha, J) sujit/- U T