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Patna High CourtCR. MISC./30087/2021bail granted

Mir Hasan v. The State Of Bihar

2022-03-07Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30087 of 2021 Arising Out of PS. Case No.-921 Year-2019 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== MIR HASAN SON OF ABDUL WAHID R/O VILLAGE- HARAKPURA, P.S.- BANIYAPUR, DISTRICT- SARAN.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SITARA BIBI WIFE OF MIR HASAN, DAUGHTER OF SHAHID SAI R/O VILLAGE- HARAKPURA, P.S.- BANIYAPUR, DISTRICT- SARAN. AT PRESENT RESIDENT OF VILLAGE- MAHAMDA, P.S.- BHAGWANPUR HAT, DISTRICT- SIWAN.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-03-2022 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2. The petitioner seeks anticipatory bail in connection with Complaint Case No. 921 of 2019 registered for the offences under Section 498-A/323/406 of the Indian Penal Code.

In paragraph No. 7 of the bail petition, specific statement was made that the petitioner is ready to keep the opposite party no.2 with full honour and dignity. In such view of the matter, the petitioner is directed to visit his Sasural and take opposite party no.2 with him before

Patna High Court CR. MISC. No.30087 of 2021(4) dt.07-03-2022 2/3 28th of March, 2022 and, thereafter, both the parties will file an application in the Court below that they have amicably settled their disputes and they are staying together. The petitioner will also provide a separate mobile phone and number to opposite party no.2 from which she can talk to her parents as and when she desires.

On filing of the aforesaid application by both the parties in the Court below, the Court below will release the petitioner on provisional bail for a period of three months on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Siwan, in connection with Complaint Case No. 921/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. After completion of three months, both the parties will again appear before the learned Court below. The Court below will verify the conduct of both the parties and thereafter take a decision either to confirm the provisional bail or to cancel the same in the facts of the case.

Till filling of the application by both the parties in the Court below, the interim protection granted to the petitioner vide order dated 24.12.2021 shall continue to operate.

Patna High Court CR. MISC. No.30087 of 2021(4) dt.07-03-2022 3/3 With the aforesaid observations and directions, this bail petition is allowed.

(Sandeep Kumar, J) Saif/- U T