Md. Zayaul Haq @ Md. Ziaul Haque v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71191 of 2018 Arising Out of PS. Case No.-1232 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== MD. ZAYAUL HAQ @ MD. ZIAUL HAQUE, Age about 27 years, R/o Village Mohabbatpur, near Mazar, Jadhua, PS Ganga Bridge, Distt. Vaishali ... ... Petitioner/s

Versus

1. State Of Bihar

2. Talat Parveen W/o Md. Ziaul Haq, R/o Village Mohabbatpur Near Mazar, Jadhua, PS Ganga Bridge, Distt. Vaishali At present Hamam Imambada, PS Khajekalan, Distt. Patna s ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajiv Ranjan Singh For the Opposite Party/s :

Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-12-2018 Heard learned counsel for the parties.

Petitioner is apprehending arrest in connection with Complaint Case No. 1232/2017 for the offence under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Learned counsel appearing for the petitioner submits that the petitioner is ready to keep his wife with full honour and dignity. Learned counsel representing Opposite Party no.2 submits that she is also ready to leave with the petitioner provided that the petitioner maintains her along with two offspring out of the wedlock with full honour and dignity. Considering the aforesaid, the Court is inclined to

Patna High Court Cr.Misc. No.71191 of 2018(2) dt.17-12-2018 2/2 grant provisional bail to the petitioner for a period of six months. This application is allowed accordingly. In the event of arrest or surrender before the court below within a period of one month from today, the petitioner above named, is directed to be released on provisional bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Patna City in connection with Complaint Case No. 1232/2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. After completion of the period of six months from the date of release, the court below is directed to record the statement of opposite party no.2, and only after recording the statement of good behaviour of the petitioner towards the informant and her children, the court below will make the provisional bail of the petitioner absolute.

(Anil Kumar Upadhyay, J) mrl./- U T