Sanjar Alam @ Sandhar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26219 of 2019 Arising Out of PS. Case No.-39 Year-2018 Thana- MAHILA P.S. District- Purnia ====================================================== Sanjar Alam @ Sandhar Alam, Son of Late Belal, Resident of Village - Dewadha, P.S.- Kasba, Distt.- Purnia.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2019 This is an application for grant of anticipatory bail in connection with Mahila P.S. Case No. 39 of 2018, disclosing offences under Sections 341, 323, 307, 313, 498A, 34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. Allegation against the petitioner is of demand and also of assaulting her with respect to the demand. Further allegation is that he assaulted the informant, due to which, she became unconscious and to admitted to the hospital for her treatment. Submission of learned counsel for the petitioner is that now he undertakes that he will not assault her in future and he is ready to keep her with dignity and care. Heard learned APP as well as learned counsel for the opposite party no.2 also, who has submitted that she has two children and she is ready to reside with the petitioner, if she is allowed to live with dignity and care and not subjecting to

Patna High Court CR. MISC. No.26219 of 2019(6) dt.18-09-2019 2/3 assault in future.

Having heard both sides, in spite of the fact that there is injury report available on the record, but considering the submission of learned counsel for the opposite party no.2 and also the stand of the petitioner and as the case relates to the marital dispute between the parties, as such, taking the lenient view of the matter, petitioner is directed to surrender before the learned court below on 27.09.2019. On that day, the opposite party no.2 shall also remain present in the Court, and further on filing of an affidavit by the petitioner that he is ready to keep her with dignity and care and to take her from the Court itself, he will be released on provisional bail for a period of 09 months to the satisfaction of the learned court below.

During that period, the learned court below shall watch the conduct of both the parties and further directs that both the parties shall appear in the third week of each month before the learned court below. Once the court below is satisfied with the conduct of both the parties, and their marital relationship, especially the conduct of the petitioner, the court below either confirm the bail bonds of the petitioner, otherwise, he is free to pass any other orders, which may deem fit and proper, including cancelling the bail bonds of the petitioner.

Patna High Court CR. MISC. No.26219 of 2019(6) dt.18-09-2019 3/3 With the aforesaid observations, this application is disposed of.

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