Md. Matin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40995 of 2019 Arising Out of PS. Case No.-95 Year-2019 Thana- PALASI District- Araria ====================================================== MD. MATIN, aged 25 yrs.(Male), Son of Kaiyoom, Resident of Village - Kujari, P.S.- Palasi, Distt - Araria.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Bibi Hena Wife of Md. Matin Resident of Village - Kujari Ward No. 04, P.S.- Palasi, District - Araria.

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-07-2019 Heard both sides.

The petitioner apprehends his arrest in Palasi P.S. Case No.95 of 2019 registered under Section 498(A) and other Sections of the Indian Penal Code.

The informant alleged that her husband and others tried to drown her in a pond. The informant further alleged that the petitioner and others subjected her to all sorts of physical and mental torture due to non-fulfillment of additional demand of dowry.

The learned counsel for the petitioner submits that the petitioner is the husband of the informant. The petitioner is always ready to keep his wife with all honour and dignity. In fact wife does not want to live with the petitioner. Petitioner also showed his willingness to keep his wife in the court below but the wife even after being noticed did not appear. Taking into consideration the fact that the petitioner is

Patna High Court CR. MISC. No.40995 of 2019(2) dt.03-07-2019 2/2 ready to keep his wife with all honour and dignity, let the petitioner, above named, is directed to surrender before the court below within a period of four weeks from the date of receipt of this order and on such, learned court below shall enlarge the petitioner on provisional bail for four months on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. VI, Araria in connection with Palasi P.S. Case No.95 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Thereafter, the learned court below shall make efforts for resolution of the disputes between husband and wife. If the petitioner keeps his wife properly, learned court below shall confirm the provisional bail granted to the petitioner and if the petitioner fails to keep his wife with all honour and dignity without the fault of his wife, learned court below shall pass order on provisional bail of the petitioner in accordance with law immediately after lapse of four months.

(Prabhat Kumar Jha, J) Saurabh/- U T