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Patna High CourtCR. MISC./35336/2014disposed

Md. Nasimuddin @ Md. Nasim Ahmad v. The State Of Bihar

2015-03-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35336 of 2014 Arising Out of PS.Case No. -948 Year- 2013 Thana -COMPLAINT CASE District- JAMUI ======================================================

1. MD. NASIMUDDIN @ MD. NASIM AHMAD son of Malik Mahmud, resident of village- Mohanpur, P.S. Chandradeep, Dist. Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat Ranjan Singh For the Opposite Party/s : Mr. Narendra Kr.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-03-2015 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the complainant. 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 complainant also submits that the complainant is ready to live with the petitioner. Learned counsel for the petitioner submits that even in the court below he was willing to keep his wife and he is still willing to keep his wife.

Considering the facts aforesaid and the fact that both the parties are ready to live together, the petitioner above

Patna High Court Cr.Misc. No.35336 of 2014 (2) dt.19-03-2015 named, is directed to surrender in the court below within four weeks from the date of 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 complainant, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Magistrate, Jamui in connection with Complaint Case No. 948-C/2013, 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