Md. Rafique v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26125 of 2019 Arising Out of PS. Case No.-1306 Year-2015 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Md. Rafique, S/o Hadish, Resident of Village-Sadafpur, P.S.-Kanti, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Amana Khatoon, W/o Md. Rafique, Resident of Village-Sadafpur, P.S-Kanti, District-Muzaffarpur, D/o Md. Jahangir, R/village-Belsand, P.S-Belsand, District-Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Upendra Kumar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2019 This is an application for grant of anticipatory bail in connection with Trial No. 3864 of 2017, arising out in Complaint Case No. 1306 of 2015, disclosing offences under Sections 498A , 323, 379, 494, 420 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

Case is under Section 498-A of IPC.

Petitioner happens to be the husband of the informant with an allegation of demand of motorcycle and torture. Submission of learned counsel for the petitioner is that she is residing in his house and petitioner is also ready to keep her with full dignity and care.

Learned counsel for the opposite party no.2 has also appeared and submitted that she is not residing in his house since 5 years ago. However, she is ready to reside with the petitioner, if she is allowed to live with full dignity and care. In such view of the matter, let the petitioner, above named, appear before the learned court below on 15.07.2019 and on that day, the opposite party no.2 shall also remain present

Patna High Court CR. MISC. No.26125 of 2019(4) dt.05-07-2019 2/2 in the Court. Further on filing of the affidavit by the petitioner that he is ready to keep her with full dignity and care and will take her from the Court itself, the learned court below shall release the petitioner on provisional bail for a period of six months. During that period, the learned court below shall watch the conduct and marital relationship of both the parties, especially the conduct of the petitioner and further directs that both the parties shall appear in the second week of each month before the learned court below. Once the court below is satisfied with the conduct of both the parties, the court below either confirm the bail bonds of the petitioner or pass any other orders which may deem fit and proper, including cancelling the bail bonds of the petitioner.

With the aforesaid observations, this application is disposed of.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T