Noor Mohammad @ Laddu v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49257 of 2014 Arising Out of PS.Case No. -2295 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Noor Mohammad @ Laddu Son of Md. Illias, Resident of Village - Rampatti Tola Godam, Police Station- Gaighat, District - Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Asiya Khatoon, Wife of Md. Illias, Daughter of Kamrul Hasan, Resident of Village - Rampatti Tole Godam, Post Office- Benibad, Police Station - Gaighat, District - Muzaffarpur, At present village - Sipahpur, Police Station - Ahiyapur, Distict - Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Kameshwar Kumar, Advocate. For the Opposite Party/s : Ms. Madhurilata, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-04-2015 Heard learned counsel for the petitioner, learned A.P.P. as well as learned counsel for the complainant. The petitioner apprehends his arrest in a case registered under Sections 498(A) of the Indian Penal Code. The wife-complainant made allegations of demand of dowry and torture against the petitioner. Learned for the petitioner submits that the petitioner is ready to keep his wife. He had taken his wife to Mumbai but his wife is not interested in living with the petitioner at Mumbai. On the other hand, learned counsel for the complainant submits that the complainant is always ready to live with the petitioner along with her three children. Considering the facts that both the husband and the

Patna High Court Cr.Misc. No.49257 of 2014 (2) dt.06-04-2015 2/2 wife are willing to live together, the above named petitioner is directed to surrender in the court below within four weeks from today and the court below shall, after issuing notice to the complainant, enlarge the petitioner on provisional bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., (East), Muzaffarpur in Complaint Case No. 2295 of 2013, corresponding to Tr. No. 2231 of 2014. The court below shall make all efforts for reconciliation of the dispute between the husband and the wife. If the dispute is resolved between the parties, the provisional bail granted to the petitioner shall be confirmed. In case the dispute is not resolved, the court below shall pass orders on the prayer for provisional bail of the petitioner on its own merit in accordance with law.

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