Ishteyaq Sheikh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19305 of 2019 Arising Out of PS. Case No.-199 Year-2018 Thana- BATHNAHA District- Sitamarhi ====================================================== Ishteyaq Sheikh, Son of Mustaque Sheikh, Resident of Village - Bhalhi, P.S.- Bathnaha, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-07-2019 This is an application for grant of anticipatory bail in connection with Bathnaha P.S. Case No. 199 of 2018, disclosing offences under Sections 341, 323, 498A, 34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. Case is under Section 498-A of the IPC with the allegation of demand and torture.

Submission of learned counsel for the petitioner is that he is still ready to keep her with dignity and care, whereas the learned counsel for the opposite party no.2 has submitted that earlier also on the plea of learned counsel for the petitioner, matter was compromised and he was directed to live with the petitioner but after sometimes, she was forced to left the matrimonial house, but the opposite party no.2 is still ready to reside with the petitioner and for that, she also wants to become bailor of the petitioner. On that, learned counsel for the petitioner is not ready, he assured the Court that he will file a

Patna High Court CR. MISC. No.19305 of 2019(4) dt.29-07-2019 2/2 petition before the court below that he will keep her with dignity and care and on failure, his bail bonds shall be cancelled. Having heard both sides, considering the above facts and circumstances, as stated above, let the petitioner, above named, surrender before the learned court below on 08.08.2019 and further on filing of an affidavit by the petitioner that he is ready to keep her with full dignity and will not subject her to any cruelty, he will be released on provisional bail for a period of six months. During that period, the learned court below shall watch the conduct of both the parties and further directs that both the parties shall appear in the third week of each month before the learned court below.

Once the court below is satisfied with the conduct of both the parties, and their marital relationship, especially the conduct of the petitioner, the court below either confirm the bail bonds of the petitioner, otherwise free to pass any other orders, which may deem fit and proper, including cancelling the bail bonds of the petitioner. With the aforesaid observations, this application is disposed of.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T