Mir Sahre Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31184 of 2020 Arising Out of PS. Case No.-131 Year-2019 Thana- MAHILA P.S. District- Bhojpur ====================================================== MIR SAHRE ALAM Son of Mir Md. Samimuddin Resident of Village - Jitapur, P.S.- Mohania, District - Kaimur ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Farhat Sabbu Wife of Mir Sahre Alam Resident of Village - Ward No. 14, Piro Nagar Parishad, P.S.- Piro, District - Bhojpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravindra Kumar, Adv.
For the Opposite Party No.1:
Mr.Ram Chandra Singh, APP For the Opposite Party No.2: Mr. Md. Ataul Haque, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 05-02-2021 Mr. Md. Ataul Haque, learned counsel has entered appearance on behalf of the opposite party no.2. The petitioner, in the present case, is seeking pre-arrest bail in connection with Bhojpur Mahila P.S. Case No.131/2019 registered for the offence punishable under Sections 323, 498A, 504 and 506 of the Indian Penal Code and Section 3/4 of the D.P. Act. Learned counsel for the petitioner as well as learned counsel for the O.P. No. 2 jointly submit on instruction that both the parties are willing to resolve their disputes amicably and for this purpose the petitioner shall visit the place of O.P. No. 2 within a period of two weeks from today and shall bring her back to her matrimonial home where she will be allowed to live peacefully with full dignity and care.
Patna High Court CR. MISC. No.31184 of 2020(2) dt.05-02-2021 2/3 Learned counsel for the O.P. No.2 submits that if the petitioner visits the place of opposite party no.2 within the aforesaid period, the opposite party no.2 shall definitely accompany him. However, learned counsel for the opposite party no.2 has requested this Court to watch the conduct of the petitioner after he brings back opposite party no.2 to his matrimonial home.
Learned APP for the State is present, however, in the given facts and circumstances of the case he does want to argue. Having regard to the facts and circumstances of the case, as agreed between the parties hereinabove, let the petitioner above named be released on provisional bail for a period of two months in the event of his arrest or surrender within a period of four weeks from today on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bhojpur at Ara in connection with Bhojpur Mahila P.S. Case No.131/2019, subject to the condition as laid down under Section 438 (2) Cr.P.C.
Patna High Court CR. MISC. No.31184 of 2020(2) dt.05-02-2021 3/3 without the previous permission of the Court. Thereafter the parties shall appear before the learned court below whereafter on being satisfied with the conduct of the petitioner, the learned Court below shall confirm the bail bond on such terms and conditions which may be deemed just and proper by the learned Court below.
In case the petitioner does not abide by his submission made before this Court, it will be open for O.P. No. 2 to file an appropriate application before this Court for cancellation of bail bond and other proceeding.
The application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.