Asaraph Rain @ Asaraph Ali Rain @ Mohd. Ashraf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31251 of 2020 Arising Out of PS. Case No.-180 Year-2019 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== ASARAPH RAIN @ ASARAPH ALI RAIN @ MOHD. ASHRAF, Son of Ali Akabar Rain @ Alam Rain, Resident of Village- Birakh, P.S.- Sursand, District- Sitamarhi.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Hans Lal Kumar, Advocate For the Opposite Party :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-04-2022 Heard learned counsel for the parties.

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioners seek anticipatory bail in connection with Complaint Case No. 180 of 2019 registered for the offences under Sections 323, 498-A & 312 of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act. It has been submitted by learned counsel for the petitioner that the petitioner is ready to keep his wife (informant) with full honour and dignity.

In such view of the matter, the petitioner is directed to visit his Sasural and take informant with him before 27.04.2022 and thereafter both of them will file an application

Patna High Court CR. MISC. No.31251 of 2020(11) dt.11-04-2022 2/3 in the Court below that they have amicably settled their disputes and they are staying together. The petitioner will also provide a separate mobile phone and mobile number to the informant from which she can talk to her parents as and when she desires. On filing of the aforesaid application by both the parties in the Court below, the Court below will release the petitioner on provisional bail for a period of three months on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Pupri, Sitamarhi, in connection with Complaint Case No. 180 of 2019 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

After completion of three months, the petitioner and informant will again appear before the learned Court below. The Court below will verify the conduct of petitioner and informant and thereafter take a decision either to confirm the provisional bail of the petitioner or to cancel the same in the facts of the case.

Till filling of the application by both the parties in the Court below, interim protection granted to the petitioner vide order dated 08.04.2021 shall continue.

Patna High Court CR. MISC. No.31251 of 2020(11) dt.11-04-2022 3/3 With the aforesaid observations and directions, this bail petition is allowed.

(Sandeep Kumar, J) pawan/- U T