Md. Shahjad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35993 of 2019 Arising Out of PS. Case No.-7 Year-2018 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== MD. SHAHJAD Son of Late Sultan Mansuri Resident of Village- Shatrupatti, Police Station- Ghoghardiha, District- Madhubani. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sagupta Praveen D/O Kaishar Imam Village- Serajpur, P.O.- Ganeshpur, Police Station-Maruna, District- Supaul.

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Md. Matloob Rab For O.P. No.2 : Mr. Ramchandra Jha Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with C.R. Case No. 07 of 2018, corresponding to Trial No. 4327 of 2018, instituted for the offences punishable under Section 498A of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

There is allegation with respect to demand of Rs.10 lac for that complainant was subjected to torture.

Submission of learned counsel for the petitioner is that both the parties have compromised the case earlier and opposite party No.2 came to reside with the petitioner but she left the house and he is still ready to keep her with dignity and care. On the other hand, learned counsel for opposite party No.2 has submitted that she is also ready to reside with the petitioner if she is allowed to live with dignity and care.

Patna High Court CR. MISC. No.35993 of 2019(4) dt.24-09-2019 2/2 Heard learned APP also.

In view of above facts and circumstances, this application is disposed of with direction to the petitioner to surrender on 17.10.2019 in the court below, on that day opposite party No.2 shall also remain present in court. On filing of an affidavit by the petitioner that he is ready to keep the complainant with dignity and care and not subjecting her to cruelty in future, the petitioner shall be released on provisional bail by the court below itself for a period of six months and during that period both the parties shall appear in the court below in fourth week of every month, so that the court may watch their conduct and marital relationship and once the court is satisfied with their conduct and marital relationship, specially the conduct of the petitioner, the court below shall confirm the bail bonds of the petitioner, otherwise the court is free to pass any other order(s) as it may deem fit and proper, including cancellation of bail bonds of the petitioner.

(Vinod Kumar Sinha, J) spal/- U T