Parbej Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45300 of 2013 ====================================================== Parbej Ahmad S/O Late Sagir Ahmad Resident of Village Banka, Police Station- Bisfi (Aunsi), District- Madhubani.

.... .... Petitioner

Versus

1. The State of Bihar

2. Kamat Shaikh, D/O Qamruzzama, R/O Village - Genor, P.S. Patauna, Bisfi, District Madhubani.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Md. Soban Asghar, Advocate.

For the Opposite Parties : Mr. Nand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-01-2016 Heard both sides.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A and 379 of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act.

The wife filed the complaint case on the basis of which the present FIR is lodged. The informant made allegation that the petitioner subjected her to physical and mental torture due to nonfulfillment of additional demand of dowry of Rs. 5, 00,000/-. The complainant also gave birth to two children.

It is submitted that the petitioner is ready to keep his wife, although divorce case is also filed.

Considering the facts aforesaid and the fact that the

Patna High Court Cr.Misc. No.45300 of 2013 (6) dt.04-01-2016 2/2 petitioner is ready to keep his wife, the petitioner above 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 the court below shall enlarge the petitioner on provisional bail for four months, after issuing notice to the informant, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Madhubani in Bisfi (Aunsi) P.S. Case No. 169 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and the court below shall make 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 does not resolve the court below shall pass order in accordance with law on the provisional bail of the petitioner.

(Prabhat Kumar Jha, J.) KKSINHA/- U T