← Library
Patna High CourtCR. MISC./22100/2019disposed

Md. Faiyaz Alam @ Faiyaz Alam v. The State Of Bihar

2019-05-10Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22100 of 2019 Arising Out of PS. Case No.-25 Year-2018 Thana- COMPLAINT CASE District- Jamui ====================================================== MD. FAIYAZ ALAM @ FAIYAZ ALAM S/o Md. Israil Village- Sunsihari, P.S.- Mufassil, District- Nawada ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Shahin Parveen W/o Md. Faiyaz Alam, D/o Riyajuddin Resident of Aadha, P.S.- Chandradeep, District- Jamui ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-05-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 25 C/2018, disclosing offences under Section 498A of the Indian Penal Code .

Vide order dated 09.04.2019 petitioner and the complainant was directed to start living together and restore their conjugal life and for the said purpose petitioner was directed to go himself to the place where the complainant is residing presently and bring her back to her matrimonial home and in the meantime, petitioner was granted the privilege of provisional bail.

Submission of learned counsel for the petitioner is that as per the direction of order dated 09.04.2019, petitioner

Patna High Court CR. MISC. No.22100 of 2019(3) dt.10-05-2019 2/3 had gone to the house of complainant but complainant was not ready to come with the petitioner and as such uptil now the marital relationship between the parties has not been restored. Heard learned A.P.P. as well as learned counsel for the complainant. Learned counsel for the complainant has submitted that the complainant is still ready to live with the petitioner.

Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner and the complainant to appear before the concerned court below on 17.05.2019 and if the petitioner files a petition that he is ready to keep the complainant with himself with full honour and dignity and if he is willing to take the complainant with himself from the court itself, the court below shall extend the provisional bail for a period of six months to his own satisfaction and in the meantime, the court below will watch the conduct of the parties by calling the complainant and petitioner in the first week of each month for a period of six months and after six months, if the court below is satisfied with the conduct of the petitioner, he will confirm the provisional bail of the petitioner otherwise, he is free to pass any order as he deems fit and proper including cancellation of

Patna High Court CR. MISC. No.22100 of 2019(3) dt.10-05-2019 3/3 provisional bail of the petitioner.

With the above observation, this application is disposed of (Vinod Kumar Sinha, J) sunilkumar/- U T