Abdul Quddus @ Md. Kuddus v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25604 of 2020 Arising Out of PS. Case No.-246 Year-2018 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== ABDUL QUDDUS @ MD. KUDDUS Son of Md. Yasin Resident of Village - Badar Bauna, Police Station - Bahera, Moazzaupur, District Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chandai Khatoon Wife of Abdul Quddus @ Md. Quddus, Daughter of Saheban Resident of Village - Garharia, Police Station - Benipatti, District - Madhubani.

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

For the Petitioner/s :

Mr.Md. Helal Ahmad For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-10-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Complaint Case vide C.R.No.246 of 2018 registered under Sections 341, 323, 498(A), 379 of the Indian Penal Code and under Sections 3 and 4 of Dowry Prohibition Act.

At the outset of the argument, the learned counsel for the petitioner submits that marriage was solemnised in the year 2012 and after eight years, the complainant filed the complaint case making false allegation in order to pressurise the petitioner that petitioner may live with her in her parent's house. Petitioner is ready to keep his wife with all honour and dignity in his own house.

Patna High Court CR. MISC. No.25604 of 2020(2) dt.14-10-2020 2/2 Taking into consideration the facts aforesaid and the fact that petitioner is willing to keep his wife with all honour and dignity, the petitioner, above named, is directed to surrender before the court below within a period of four weeks and on such, learned court below shall enlarge the petitioner on provisional bail for six months on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri P.Kishore, the learned Judicial Magistrate Ist Benipatti, Madhubani in connection with Complaint Case vide C.R.No.246 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Thereafter, the learned court below shall make efforts for resolution of the disputes between the husband and the wife. If the petitioner keeps his wife properly, the provisional bail granted to the petitioner shall be confirmed. If the petitioner fails to keep his wife with all honour and dignity, learned court below shall pass order in accordance with law on the provisional bail of the petitioner immediately after lapse of six months. (Prabhat Kumar Jha, J) Saurabh/- U T