Shamsher Mansuri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44432 of 2019 Arising Out of PS. Case No.-1307 Year-2018 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== SHAMSHER MANSURI Son of Ashagar Ali Mansuri @ Ashagar Ali Resident of Village - Bairibandh, P.S.- Krhagar, District - Rohtas at Sasaram. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Sakila Khatoon, daughter of Kalamuddin Shekh, resident of village Bhadari, P.S. Bhabua, Dist. Kaimur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-11-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 1307 of 2018 registered for the offence punishable under Section 498A of the Indian Penal Code. Petitioner happens to be husband of the complainant and there is allegation against him that he tortured the complainant with respect to demand. It further appears that earlier also she has lodged a complaint case and petitioner was ready to keep her, as such she has withdrawn the case but again she was subjected to torture with respect to demand of motorcycle.

Submission of learned counsel for the petitioner is that the whole allegation is false and concocted and he is still ready to keep her with dignity and care.

Heard learned APP and learned counsel for opposite party

Patna High Court CR. MISC. No.44432 of 2019(5) dt.04-11-2019 2/2 No.2, who has submitted that she is ready to reside with the petitioner.

In view of above stand of the parties, this application is disposed of with direction to the petitioner to appear before the court below on 14.11.2019. On that day opposite party No.2 shall also remain present in the court and once the both the parties appear and petitioner files an affidavit that he is ready to keep her with dignity and care and will take her from the court itself, the provisional bail granted to him by order dated 19.7.2019 shall be extended for a further period of six months and during that period both the parties have to appear in the court so that the court may watch their conduct, specially the conduct of the petitioner and once the court is satisfied with the same, the provisional bail shall be confirmed, otherwise the court is free to pass any other order(s) as it may deem fit and proper, including cancellation of provisional bail granted to the petitioner. (Vinod Kumar Sinha, J) spal/- U T