Md. Mehrab v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8687 of 2019 Arising Out of PS. Case No.-2296 Year-2017 Thana- COMPLAINT CASE District- Araria ====================================================== MD. MEHRAB S/o Hafiz Belal Resident of Village - Lakshmipur, Purandaha, P.S. Simraha, District - Araria ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Tabassum Khatoon @ Bibi Tabassum W/o Md. Mehrab Resident of Village - Lakshmipur, Purandaha, P.S. Simraha, District- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 2296C of 2017 for the offence punishable under Section 498A of the Indian Penal Code, pending in the court of Sri Ashish Ranjan, Judicial Magistrate, 1st Class, Araria. As per prosecution case marriage of informant was solemnized with the petitioner as per Muslim rites and customs and after three years of marriage there was demand of Rs.50,000/- and motorcycle and for that she was subjected to torture and ultimately she was ousted from the house.

Submission of learned counsel for the petitioner is that the whole allegation is false and concocted and he is still ready to keep her with dignity and care. On the other hand, learned counsel for opposite party No.2 has submitted she is also ready to reside with the

Patna High Court CR. MISC. No.8687 of 2019(3) dt.20-09-2019 2/2 petitioner if she is allowed to live with dignity and care. Heard learned APP also.

In view of above facts and circumstances, let petitioner surrender in the court below on 14.10.2019, on that day opposite party No.2 shall also remain present in court and on filing an affidavit by the petitioner that he is ready to keep her with dignity and care and will not torture her in future by himself or his family members and he will bear the expenses of opposite party No.2, he shall be released on provisional bail for a period of six months and during that period both the parties shall appear in court below in second week of every month, so that the court below shall watch their conduct and marital status and once the court below is satisfied with their conduct and marital status, specially the conduct of the petitioner, his bail bonds shall be confirmed, otherwise the court below is free to pass any other order(s) as it may deem fit and proper, including cancellation of bail bonds of the petitioner. With the above observation, this application is disposed of.

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