Md. Imamuddin @ Imamuddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2526 of 2020 Arising Out of PS. Case No.-387 Year-2018 Thana- COMPLAINT CASE District- Supaul ====================================================== MD. IMAMUDDIN @ IMAMUDDIN ANSARI Son of Late Sageer Resident of Village-Lalpur, Ward No.15, Near Bari Masjid, P.S.-Birpur, DistrictSupaul. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Shabana Khatoon Wife of Md. Imamuddin Daughter of Jamil Ansari Resident of Village-Lalpur, P.S-Birpur, District-Supaul. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-01-2020 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.387 of 2018 registered for offences punishable under Section 498A of the Indian Penal Code. Petitioner happens to be husband of the complainant. There is allegation of demand and torture for the nonfulfillment of the demand . Submission of the learned counsel for the petitioner is that he is ready to keep her with dignity and care, which he has stated on oath in this application. Allegations are false and concocted.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner surrender on 10.02.2019 and on surrender and filing an affidavit that he is ready to keep his wife, he will be released on provisional bail in connection with Complaint Case No.387 of 2018 by the

Patna High Court CR. MISC. No.2526 of 2020(2) dt.24-01-2020 2/2 learned court below to his own satisfaction. In the meantime, learned court below shall issue notice to O.P.no.2 and on appearance of O.P.no.2, after hearing, both the parties, if there are any serious allegations against the petitioner, his provisional bail shall be cancelled, however, if the O.P.no.2 is ready to reside with the petitioner and the petitioner is also ready to keep her, the provisional bail shall be extended for further period of six months and during that period, both the parties have to appear before the court below in the third week of each month so that the court may watch their conduct and matrimonial relationship between the parties an once being satisfied with the conduct of both the parties especially the conduct of the petitioner, the bail bond of the petitioner shall be confirmed otherwise the learned court below is free to pass any other order or orders as he deems fit and proper including cancelling the bail bond of the petitioner.

With the aforesaid observation, this application is disposed of.

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