Jahid Ahmad @ Bholan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5148 of 2018 Arising Out of PS.Case No. -488 Year- 2016 Thana -BUXAR COMPLAINT CASE DistrictBUXAR ======================================================

1. Jahid Ahmad @ Bholan, Son of Mukhtar Ahmad, Resident of VillageBarahmapur (Nut -Tola) (Mansoorpur), P.S.- Gohna, Mohamdabad, District- Mau (U.P.).

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Simran Khatoon, daughter of Vasir Ahmad @ Bachanu Resident of Village- Nasipur, P.S.- Kasamabad, District- Gajipur At present C/o Jabar Ahmad @ Jayram Nut, Resident of Village- Diwan Ke Barkagaon, P.S. Sikaraul, Dist.- Buxar.

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

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-02-2018 Heard both sides.

The petitioner apprehends his arrest in connection with Complaint Case No. 488 of 2016 registered under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Sri. Bachan Jee Ojha, learned counsel for the petitioner submits that the petitioner is ready to keep his wife. Learned counsel appearing on behalf of the complainant also submits that the complainant is ready to live with her husband.

Patna High Court Cr.Misc. No.5148 of 2018 (2) dt.05-02-2018 2/2 Considering the facts and circumstances, let the petitioner, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on provisional anticipatory bail for six months on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 488 of 2016 to the satisfaction of the learned Sub-divisional Judicial Magistrate, Buxar or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. Thereafter, the learned court below shall make all efforts to resolve the dispute between the husband and wife.

If the petitioner keeps his wife properly, the provisional bail granted to the petitioner shall be confirmed and if the petitioner is not ready to keep his wife in spite of willingness of his wife, the court below shall pass an order on provisional bail of the petitioner, immediately after six months on its own merit.