Md. Javed @ Md. Jawed @ Md. Jabed @ Md. Javeed v. The State Of Bihar And Others

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42662 of 2024 Arising Out of PS. Case No.-1376 Year-2023 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== MD. JAVED @ MD. JAWED @ MD. JABED @ MD. JAVEED SON OF LATE MD. ABRUL VILLAGE- LADORA (LADAURA), WARD NO. 14, P.S.- BARAUNI, DISTT.- BEGUSARAI ... ... Petitioner/s

Versus

1. The State Of Bihar.

2. Nashrin Khatoon, wife of Md. Javed @ Md. Jawed @ Md. Jabed @ Md. Javeed, daughter of Md. Jameer, resident of village-Billanpur, Adharpur, ward no.6, P.S.-Teghra, District-Begusarai.

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Sharma, APP Mr. Braj Bhushan Poddar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner, learned APP for the State and the learned counsel appearing on behalf of the O.P. No.2.

2. The learned counsel for the petitioner submits that in compliance of the order dated 26.10.2024 the petitioner had gone to the parental home of the O.P. No.2 for fetching her back to her matrimonial home, but when petitioner reached the parental home of the O.P. No.2 he found the house locked, as such could not bring the O.P. No.2 back to her matrimonial home. It is next submitted that petitioner is still ready and willing to keep the O.P. No.2 and the children with honour and

Patna High Court CR. MISC. No.42662 of 2024(5) dt.20-11-2024 2/3 dignity unconditionally.

3. The learned counsel appearing on behalf of the O.P. No.2 does not dispute the said submission of the learned counsel appearing on behalf of the petitioner and submits that when petitioner had gone to fetch back O.P. No.2 from her parental home at that time she had gone to Delhi, as such she was not found in the house.

4. The learned counsel for the petitioner at this stage submits that if O.P. No.2 along with the children will come back to their matrimonial home the petitioner will keep them with all honour and dignity, on which the learned counsel appearing on behalf of the O.P. No.2 submits that the O.P. No.2 along with the children will go to their matrimonial home on or before 18.12.2024.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Begusarai in connection with Complaint Case No.1376(C) of

Patna High Court CR. MISC. No.42662 of 2024(5) dt.20-11-2024 3/3 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

6. However, the O.P. No.2 shall be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioner if the petitioner refuses to accept the O.P. No.2 and the children in their matrimonial home when they come to stay on or before 18.12.2024.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T