Md. Ojair @ Chhotan @ Chhotan Miyan v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16953 of 2019 Arising Out of PS. Case No.-1366 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Md. Ojair @ Chhotan @ Chhotan Miyan Son of Md. Salim, Resident of Village- Garehiya, P.S.- Madhuban, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nurul Imam Son of Md. Iliyas Marhum, Resident of Village - Baruraj near Boring Chouk, P.S.- Baruraj, District - Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nagendra Upadhyay For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-03-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.1366 of 2017 for the offences allegedly committed by the petitioner under Section 498(A) of the Indian Penal Code. The complainant is the father of the wife of petitioner. The complainant made allegation that the petitioner subjected his daughter to physical and mental torture due to nonfulfillment of additional demand of dowry and drove her out from the house after snatching her belongings. Learned counsel for the petitioner submits that the petitioner is ready to keep his wife with all honour and dignity. Considering the willingness of the petitioner to keep

Patna High Court CR. MISC. No.16953 of 2019(2) dt.26-03-2019 2/2 his wife with all honour and dignity, the above named petitioner is directed to surrender in the court below within four weeks from the date of receipt/production of a copy of this order and the court below shall enlarge the petitioner on provisional bail for four months on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., West Muzaffarpur in connection with Complaint Case No.1366 of 2017, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and the court below shall make efforts for reconciliation between the husband and the wife. If the dispute is resolved and the petitioner keeps his wife properly, the provisional bail granted to the petitioner shall be confirmed and if the dispute is not resolved between the husband and the wife, the court below shall pass order in accordance with law on the provisional bail of petitioner immediately after lapse of four months.

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