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Patna High CourtCR. MISC./15233/2019disposed

Shah Faisal Ahmad @ S. Faisal Ahmad @ Sahfaisal Ahmad v. The State Of Bihar And ANR

2020-01-07Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15233 of 2019 Arising Out of PS. Case No.-1637 Year-2015 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== SHAH FAISAL AHMAD @ S. FAISAL AHMAD @ SAHFAISAL AHMAD Son of Haji Imteyaz Ahmad Resident of Village - Gaus Nagar, Kamali, P.S.- Chandil, District - Saraikela- Khersanwan (Jharkhand) ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR AND ANR Bihar 2.

Yasmin Praween Wife of Shah Faisal Ahmad, D/O- Muzaffaruddin Ahmad Resident of Village - Gaus Nagar, Kamli, P.S.- chandil, District - Saraikela, Jharkhand, Presently residing at Mohalla - DhamiTola, Bank Road, P.S.- Kotwali, District - Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashhar Mustafa For the Opposite Party/s :

Mr.Ajeet Kumar for the Informant : Mr. Sanjeet Kumar Sinha. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-01-2020 This application, for grant of anticipatory bail, arises out of Complaint Case No. 1637 of 2015/Tr. No. 1931/2018, disclosing offences under Sections 323, 504 and 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Petitioner happens to be husband of the complainant and allegation against him is of subjecting the complainant to cruelty in connection with demand of dowry.

Submission of learned counsel for the petitioner is that all the allegations are false and concocted and he is still

Patna High Court CR. MISC. No.15233 of 2019(8) dt.07-01-2020 2/3 ready to keep the informant with full honour and dignity and as a matter of fact, the complainant herself does not want to live with the petitioner and they are pressurizing for remarriage. Heard learned A.P.P. as well as learned counsel for the complainant. Learned counsel for the complainant has submitted that the allegation that complainant and others pressurizing for remarriage is false and concocted and complainant also wants to reside with the petitioner. Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner and the complainant to appear before the concerned court below on 20.01.

Patna High Court CR. MISC. No.15233 of 2019(8) dt.07-01-2020 3/3 otherwise, he will pass any order as he deems fit and proepr including cancellation of provisional bail of the petitnioer. It is made clear that if the complainant is not ready to reside with the petitioner, in that situation, the provisional bail of the petitioner shall be confirmed.

With the above observation and direction, this application is disposed of.

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