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Patna High CourtCR. MISC./60491/2018disposed

Md. Kausar Azam @ Kausar Azam @ Kaisar Ajam @ Md.Kaisar Ajam v. The State Of Bihar

2019-01-29Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60491 of 2018 Arising Out of PS. Case No.-18 Year-2016 Thana- MAHILA P.S. District- Sheikhpura ====================================================== Md. Kausar Azam @ Kausar Azam @ Kaisar Ajam @ Md.Kaisar Ajam S/o Late Shamim Uddin, R/o Vill.- Nardiganj, P.S.- Nardiganj, District- Nawada. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhavesh Kumar For the Opposite Party/s :

Mr.Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner, learned counsel for the complainant and learned A.P.P. The petitioner apprehends his arrest in Sheikhpura Mahila P.S. Case No.18 of 2016 registered under Sections 498A, 506 and 34 of the Indian Penal Code and under Sections 3⁄4 of the Dowry Prohibition Act.

The petitioner is husband and he is ready to keep his wife with all honour and dignity and the dispute is likely to be resolved between the husband and the wife.

Learned counsel for the complainant submits that if the petitioner is ready to keep the complainant, he has got no objection if bail is granted to the petitioner. Considering the willingness of the petitioner to keep his wife with all honour and dignity, the above named petitioner

Patna High Court Cr.Misc. No.60491 of 2018(3) dt.29-01-2019 2/2 is directed to surrender in the court below within four weeks from the date of receipt/production of a copy of this order and the court below shall enlarge the petitioner on provisional bail for six months on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M. II, Sheikhpura in connection with Sheikhpura Mahila P.S. Case No.18 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and the court below shall make efforts for reconciliation between the husband and the wife. If the dispute is resolved and the petitioner keeps his wife properly, the provisional bail granted to the petitioner shall be confirmed and if the dispute is not resolved between the husband and the wife, the court below shall pass order in accordance with law on the provisional bail of petitioner immediately after lapse of six months.

(Prabhat Kumar Jha, J) Harish/- U