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Patna High CourtCR. MISC./23837/2019disposed

Md. Parwaz Alam @ Md. Parwez Alam @ Md. Parwej @ Md. Prawez v. The State Of Bihar

2019-09-20Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23837 of 2019 Arising Out of PS. Case No.-2561 Year-2017 Thana- COMPLAINT CASE District- Araria ====================================================== MD. PARWAZ ALAM @ MD. PARWEZ ALAM @ MD. PARWEJ @ Md. PRAWEZ Son of Hasib @ Md. Hasib, Resident of Village-Rupauli, Ward No.5, P.S.-Araria R.S., District-Araria.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Khusboo Khatoon Wife of Md. Parwez Alam @ Md. Parwaz Alam @ Md. Prawez, Resident of Village-Rupauli, Ward No.5, P.S.-Araria R.S., DistrictAraria and Daughter of Md. Madis Ansari, Resident of Village-Kudhaili, Ward No.07, P.S.-Forbesganj, District-Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrigendra Kumar For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 498(A), 420, 323, 379, 120B & 354 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act registered in connection with Complaint Case No. 2561C of 2017.

3. At the outset, learned counsel for the petitioner submits that pursuant to order dated 17.07.2019 the parties approached the Conciliation & Mediation Centre, Patna High Court, Patna which resulted in success on terms and conditions enumerated in the mediator's report dated 06.09.2019 in Mediation Proceeding No. 632 of 2019. It is stated that the parties are now residing together in matrimonial harmony. The petitioner undertakes to produce his wife before the learned Court below in support of his aforesaid stand.

4. Be that as it may, in the event of the petitioner's arrest or

Patna High Court CR. MISC. No.23837 of 2019(5) dt.20-09-2019 2/2 surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned SDJM, Araria, in connection with Complaint Case No. 2561-C of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.. iv. That the petitioner shall produce his wife (opposite party no. 2) before the learned Court below at the time of surrender and furnishing bail bond.

(Vikash Jain, J) Chandran/- U