Md. Afroz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24630 of 2019 Arising Out of PS. Case No.-2393 Year-2017 Thana- COMPLAINT CASE District- Araria ====================================================== MD. AFROZ Son of Md. Nasir Uddin Resident of Village - Milki Dumariya, Ward No.- 7, P.S.- Fulkaha, District - Araria ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Rizwana Khaton Wife of Md. Afroz Resident of Village - Milki Dumariya, Ward No.- 7, P.S.- Fulkaha, District - Araria. At present- D/O Md. Safil Resident of Parental home Bishanpur, Ward No. 12, P.S.- Raniganj, District - Araria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case N0. 2393C of 2017, disclosing offences under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Petitioner is the husband of Opposite party No.2. The Opposite party No.2 has entered appearance after service of notice.

Learned counsel appearing on behalf of the Opposite party No.2 states that she is willing to live with the petitioner.

Learned counsel appearing on behalf of the petitioner also submits that the petitioner is also willing to

Patna High Court CR. MISC. No.24630 of 2019(4) dt.27-09-2019 2/2 lead a peaceful conjugal life with the complainant. Learned counsel for the petitioner states that the petitioner will go to the parental place of the complainant and bring her back to matrimonial home for leading a peaceful conjugal life. Considering the above stand, this application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Araria in Complaint Case No. 2393C of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) arun/- U