Md. Noor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42659 of 2019 Arising Out of PS. Case No.-84 Year-2019 Thana- KADWA District- Katihar ====================================================== Md. Noor Alam, Son of Md. Anamul, Resident of - Raniganj, P.S.- Kadwa, District- Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Hushnaara Banu, Wife of Md. Noor Alam, D/O- Md. Lukman, Resident of Dokhra, P.S.- Kadwa, District- Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-07-2019 This is an application for grant of anticipatory bail in connection with Kadwa P.S. Case No. 84 of 2019, disclosing offences under Sections 498A, 120B, 34 of the Indian Penal Code.

Allegation against the petitioner is of demand of Rs.1,00,000/-, due to non-fulfillment of said demand, he assaulted the complainant and ousted her from the house. Submission of learned counsel for the petitioner is that the whole allegations are false and concocted and he is still ready to keep her with full dignity and care, for that purpose, he has filed a Matrimonial Case no. 16 of 2019.

Heard learned APP as well as learned counsel for the opposite party no.2 also and the stand of the opposite party no.2

Patna High Court CR. MISC. No.42659 of 2019(2) dt.10-07-2019 2/2 is that she is also ready to reside with the petitioner, if she is allowed to live with full dignity and care.

In such view of the matter, let the petitioner, above named, surrender before the learned court below by 18.07.2019 and on that day the opposite party no.2 shall also remain present in the Court. Further on filing of an affidavit by the petitioner that he is ready to keep her with full dignity and care and to take her from the Court itself, the petitioner shall be released on provisional bail for a period of six months. During that period, the learned court below shall watch the conduct of both the parties and further directs that both the parties shall appear in the third week of each month before the learned court below. Once the court below is satisfied with the conduct of both the parties, and their marital relationship, especially the conduct of the petitioner, the court below either confirm the bail bonds of the petitioner or pass any other orders, which may deem fit and proper, including cancelling the bail bonds of the petitioner. With the aforesaid observations, this application is disposed of.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T