Md. Rahmat Ali @ Sitare v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30202 of 2014 Arising Out of PS.Case No. -63 Year- 2014 Thana -HASANPUR District- SAMASTIPUR ======================================================
1. Md. Rahmat Ali @ Sitare Son of Md. Jabbar Resident ofMohalla - Dharampur P.S. - Sadar, Dist.-Samastipur .... .... Petitioner/s
Versus
1. State of Bihar
2. Shabra Khatton Daughter of Attaur Rahman Resident of Village - Dudhpura, P.S. Hasanpur, dist.-Samastipur .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Smt. Anuradha Singh For the Opposite Party/s : Mr. S.M. Rahman (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-03-2015 Heard learned counsel for the petitioner, learned A.P.P. appearing for the State and learned counsel for the informant.
The petitioner apprehends his arrest in a case under section 498-A and other allied sections of the Indian Penal Code and under section 3⁄4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner is ready to keep his wife. Learned counsel for the informant Opposite Party No. 2 is also present. Considering the willingness of the petitioner that he is ready to keep his wife, the petitioner above named, is directed to surrender in the court below within four weeks from the date of
Patna High Court Cr.Misc. No.30202 of 2014 (3) dt.19-03-2015 receipt/production of a copy of this order and on his so surrendering, the court below shall enlarge the petitioner on provisional bail, after issuing notice to the informant, opposite party no 2, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri K. Kumar, Judicial Magistrate, 1st Class, Rosera, Samastipur in connection with Hasanpur P.S. Case No. 63/2014, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973 and the court below shall make all efforts for reconciliation between the husband and the wife. If the dispute is resolved, the provisional bail granted to the petitioner shall be confirmed and if the dispute is not resolved, the court below shall pass orders on merits in accordance with law on the provisional bail of the petitioner.
(Prabhat Kumar Jha, J) Amin/- U