Shagir Ahmad @ Sagir Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28458 of 2019 Arising Out of PS. Case No.-64 Year-2018 Thana- MAHILA PS District- Darbhanga ====================================================== SHAGIR AHMAD @ SAGIR AHMAD Son of Late Nurul Hoda Resident of Village - Bari Nagar, Talco, P.S- Telco, District- Purbi Singhbhum (Jamshedpur, Jharkhand) ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Safia Nazam D/O- Md. Jafar Siddiqui Resident of Mohalla- Faizulla Khan, P.S.- Laheriya Sarai, District- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-05-2019 Learned counsel for the informant appeared by filing vakalatnama on behalf of the informant.

Heard both sides.

The petitioner apprehends his arrest in Laheriya Sarai Mahila P.S. Case No.64 of 2018 registered under Sections 498A, 504, 506, 379/34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

The informant made allegation of demand of dowry and torture against her husband(the petitioner) and others within one year of her marriage. The informant alleged that petitioner subjected her all sorts of torture.

Mr. Umesh Chandra Verma, learned counsel for the

Patna High Court CR. MISC. No.28458 of 2019(2) dt.01-05-2019 2/3 petitioner submits that petitioner is ready to keep his wife with all honour and dignity.

Learned counsel for the informant submits that wife is also willing to live with her husband provided her husband behaves properly with her and allows her to live in her in-laws house with all honour and dignity. It is submitted that wife also appeared before the court below and narrated her story but still she is willing to live with her husband.

Taking into consideration the facts that the husband and wife are ready and willing to restore their conjugal relations, let the petitioner, above named, is directed to appear in the court below within a period of four weeks from the date of receipt of the order and on such, learned court below shall enlarge the petitioner on provisional bail for four months on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Darbhanga in connection with Laheriya Sarai Mahila P.S. Case No.64 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The husband and the wife are directed to appear in the court on the date of grant of bail to the petitioner and on such,

Patna High Court CR. MISC. No.28458 of 2019(2) dt.01-05-2019 3/3 learned court below shall make efforts for resolution of the disputes between husband and wife. If the petitioner keeps his wife properly, learned court below shall confirm the provisional bail granted to the petitioner and if the petitioner fails to keep his wife with all honour and dignity, learned court below shall pass order on provisional bail of the petitioner in accordance with law immediately after lapse of four months. (Prabhat Kumar Jha, J) Saurabh/- U T