Md. Ejaz @ Md. Azaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40622 of 2019 Arising Out of PS. Case No.-226 Year-2018 Thana- SINDHWARA District- Darbhanga ====================================================== MD. EJAZ @ MD. AZAJ Son of Late Md. Azhar Resident of Village - Sanahpur, P.S.- Singhwara, District - Darbhanga. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Maryam Khatoon D/O Jan Mohammad Resident of Village Belpakaura PS. Katra, District Muzaffarpur .

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

For the Petitioner/s :

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

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Singhwara P.S.Case No.226 of 2018 registered for offences punishable under Sections 341, 323, 498(A), 504, 506/34 of the Indian Penal Code 3⁄4 of the D.P.Act.

Allegation against the petitioner is of demand and torture whereas submission of the learned counsel for the petitioner is that he is still ready to keep her with dignity and care but the complainant is more interested with the petitioner to live as Gharjamai' On the other hand the learned counsel for the O.P.no.2 has submitted that the informant has no objection in residing with the petitioner, if she is allowed to live with dignity and care.

Heard learned A.P.P. also.

In view of stands of the parties, this application is disposed of with a direction to the petitioner to surrender on 7.11.2019 and on that day O.P.no.2 shall also appear and on

Patna High Court CR. MISC. No.40622 of 2019(4) dt.18-10-2019 2/2 appearance of both the parties the provisional bail granted to the petitioner, vide order dated 4.9.2019, shall be extended for further period of six months and during that period, both the parties shall appear before the learned court below so that the learned court below may watch conduct and matrimonial relationship between the parties and once being satisfied with the conduct of both the parties especially conduct of the petitioner, the learned court below shall confirm the bail bond granted to the petitioner otherwise he is free to pass any other order or orders as he deems fit and proper.

It is made clear that if the OP No.2 is not appearing before the learned court below, the learned court below shall confirm the bail bond of the petitioner. It is further made clear that once the court is satisfied with the matrimonial relationship of the parties and confirm the bail bond of the petitioner, it is expected that both the parties shall withdraw the cases filed against each other.

With the aforesaid direction, this application is disposed of.

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