Patna High CourtCR. MISC./49225/2014disposed

Md. Ainul @ Md. Ainul Haque v. The State Of Bihar

2015-04-03Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49225 of 2014 Arising Out of PS.Case No. -2125 Year- 2010 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ======================================================

1. Md. Ainul @ Md. Ainul Haque D/o Late Md. Yusuf Resident of Village - Sishauni, Tolapir Nagar P.S. Dandari, District Begusarai .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vikramdeo Singh Mr. Sada Nand Ray, Advocates For the Opposite Party/s : Mr. Shyam Bihari Singh(APP) For the complainant : Mr. Hare Krishna Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2.

03-04-2015.

Heard learned counsel for the petitioner, the informant and the State.

The petitioner apprehends his arrest in a case under section 498A and other sections of the I.P.C. Learned counsel for the petitioner submits that after 10 years of marriage, the complainant filed this complaint case making false allegation of demand of dowry. The petitioner is ready to keep his wife and if the complainant does not want to live with the petitioner, the petitioner is ready to give maintenance.

Learned counsel for the complainant submits that the complainant is ready to live with her husband. Considering the facts the petitioner is directed to surrender in the court below and the court below shall enlarge him on provisional bail, after issuing notice to the complainant, on furnishing bail bond of Rs.10,000/- (ten thousand) with two

Patna High Court Cr.Misc. No.49225 of 2014 (2) dt.03-04-2015 sureties of the like amount each to the satisfaction of the court below in connection with Complaint Case No.2125 © of 2010. subject to condition laid down u/s 438(2) Cr.P.C. The court below shall make effort to resolve the dispute between husband and wife. If the dispute is resolved, the court below shall confirm the provisional bail of the petitioner and if the dispute is not resolved, the court below shall pass order on the merit on provisional bail of the petitioner.

(Prabhat Kumar Jha, J) ahk/- U T