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Patna High CourtCR. MISC./35008/2019allowed

Jamal Mian @ Jamal Akhtar v. The State Of Bihar

2019-05-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35008 of 2019 Arising Out of PS. Case No.-378 Year-2018 Thana- BAIRIYA District- West Champaran ====================================================== Jamal Mian @ Jamal Akhtar, Son of Mukhtar Mian, Resident of Village - Narainapur, P.S.- Ramnagar, District- West Champaran ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-05-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Beiraya P.S. Case No.378 of 2018 for the offences under Sections 341, 323, 498(A), 504, 506/ 34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. Learned counsel for the petitioner submits that petitioner has no criminal antecedent. The marriage between petitioner and Rukhsana Khatoon) took place three years ago. It is alleged that petitioner along with his family members assaulted the informant due to non-fulfillment of dowry. Learned counsel further submits that petitioner is in custody since 23.12.2018.

Learned counsel for the petitioner further submits that

Patna High Court CR. MISC. No.35008 of 2019(2) dt.28-05-2019 2/2 petitioner is ready to keep his wife with full honour and dignity. Considering the fact that petitioner is husband of the informant and he is ready to keep his wife with full honour and dignity and he has remained in custody nearly six months, the Court is inclined to grant bail to the petitioner. Let the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Bettiah, West Champaran, in connection with Beiraya P.S. Case No.378 of 2018.

After release of the petitioner, the court below is directed to refer the dispute of husband and wife before the District Mediation Center for amicable settlement of the dispute. (Anil Kumar Upadhyay, J) sunil/- U T