Khursid Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46842 of 2021 Arising Out of PS. Case No.-133 Year-2021 Thana- MAHNAR District- Vaishali ====================================================== KHURSID ALAM, S/o Emamuddin Ansari, Resident of Village- Mufti Mohalla, P.S.- Hajipur Town, District- Vaishali. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Anjum Aara, D/o Md. Firoz, R/o Village-New Road, Mahanar, P.S.- Mahanar, District- Vaishali.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Shashi Bhushan Kumar, Advocate For the State :

Mr. Md. Nazir Ansari, APP For Opp. Party No.2 :

Mr. Anuj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks anticipatory bail in connection with Mahnar P.S. Case No. 133 of 2021 registered for the offences under Sections 341, 323, 498-A/34 of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act. Learned counsel for the petitioner and learned counsel for the opposite party no.2 jointly submit that both the parties are ready to live together as husband and wife. In such view of the matter, the petitioner is directed to visit his sasural and take opposite party no.2 with him before 17.02.2022 and thereafter both the parties will file an

Patna High Court CR. MISC. No.46842 of 2021(2) dt.02-02-2022 2/3 application 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 opposite party no.2 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 Chief Judicial Magistrate, Vaishali, in connection with Mahnar P.S. Case No. 133 of 2021, 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 opposite party no.2 will again appear before the learned Court below. The Court below will verify the conduct of both the parties and thereafter take a decision either to confirm the provisional bail of the petitioner or to cancell the same in the facts of the case.

Till filling of the application by both the parties in the Court below, the petitioner shall not be arrested in

Patna High Court CR. MISC. No.46842 of 2021(2) dt.02-02-2022 3/3 connection with aforesaid case.

With the aforesaid observations and directions, this bail petition is allowed.

(Sandeep Kumar, J) pawan/- U T