Shamim Farooqui v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30311 of 2019 Arising Out of PS. Case No.-114 Year-2018 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Shamim Farooqui, Aged about 35 years, Male, Son of Late Rasid Farooqui, Resident of Mohalla Barah Pathar, P.S. Dehri, District Rohtas. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Tamana Praveen @ Tamenana Pravin, Aged about 32 years, Female, Wife of Shamim Farooqui, Daughter of Moien Farooqui, Resident of Mohalla Barah Pathar, Ward No.35, P.O. Dehri, P.S. Dehri, District Rohtas. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar Mishra For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-05-2019 Heard both sides.

Petitioner apprehends his arrest in Complaint Case No.114 of 2018 for the offences allegedly committed by the petitioner under Section 498A of the Indian Penal Code. Learned counsel for the petitioner submits that the wife of the petitioner does not make any specific allegation against the petitioner. Petitioner is ready to keep his wife alongwith her child with all honour and dignity. It is also submitted that the petitioner was willing before the learned Sessions Judge, Rohtas but no step for reconciliation of the matter was taken.

Taking into consideration the fact that the petitioner is

Patna High Court CR. MISC. No.30311 of 2019(2) dt.09-05-2019 2/2 willing to keep his wife alongwith her child with all honour and dignity, petitioner is directed to surrender in the court below within four weeks from the date of receipt of this Court and on such the learned court below shall enlarge the petitioner on provisional bail for five months on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Dehri, Rohtas in connection with Complaint Case No.114 of 2018. Thereafter the learned court below shall make all efforts for reconciliation of the dispute between husband and wife. If the petitioner keeps his wife alongwith her child with all honour and dignity, the provisional bail granted to the petitioner shall be confirmed. If the petitioner fails to keep his wife alongwith her child with all honour and dignity, the learned court below shall pass order on the provisional bail of the petitioner immediately after lapse of five months in accordance with law.

(Prabhat Kumar Jha, J) S.KUMAR/- U T