Patna High CourtCR. MISC./55350/2016disposed

Md. Zulfekar Ali @ Bigu @ Md. Zulfakair v. State Of Bihar And ANR

2017-02-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55350 of 2016 Arising Out of PS.Case No. -94 Year- 2016 Thana -BANIAPUR District- SARAN ====================================================== Md. Zulfekar Ali @ Bigu @ Md. Zulfakair, son of Md. Amir Jada, resident of village Pyarepur, P.O. & P.S. Baniapur, District Saran .... .... Petitioner

Versus

1. State of Bihar

2. Rukasana Khatoon, wife of Zulfekar Ali @ Bigu, resident of village Pyarepur, P.O. & P.S. Baniapur, District Saran .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar, Advocate For the Complainant : Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s : Smt. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-02-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Baniapur P.S. Case No. 94 of 2016 registered for the offences punishable under Sections 494, 498A, 323, 379 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. It has been submitted on behalf of the petitioner that petitioner is ready to keep the complainant and learned counsel for the complainant submits that the complainant is also ready to live with the petitioner.

In that view of the matter, let the petitioner surrender in the court below by 20.2.2017 and on that day the complainant will also appear in the court below, wherefrom the petitioner will

Patna High Court Cr.Misc. No.55350 of 2016 (4) dt.08-02-2017 2/2 take the complainant to his house and on that day the petitioner will be granted provisional bail by the court below itself to its satisfaction and the learned court below will watch their activities for a period of six months and thereafter if the court below is satisfied that they are living happily, provisional bail will be confirmed.

In the meantime, no coercive step shall be taken against the petitioner in connection with Baniapur P.S.Case No. 94 of 2016, pending in the court of 11th Additional Chief Judicial Magistrate, Chapra.

This application is disposed of with the above observations and directions.

(Vinod Kumar Sinha, J) spal/- U