Mahmad Ali @ Mohammad Ali v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31116 of 2017 Arising Out of PS.Case No. -171 Year- 2016 Thana -DAUDPUR District- SARAN ======================================================
1. Mahmad Ali @ Mohammad Ali, son of Gul Mohammad, resident of Village- Dhanachhua, P.S.- Mahrajganj, District- Siwan .... Petitioner
Versus
1. The State of Bihar.
2. Noor Saba Khatoon, wife of Mamad Ali @ Mohammad Ali, D/o Late Dr. Idris, Village- Kohra, Bazar, P.S.- Daudpur, District- Saran .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Binay Krishna, Adv. For the Opposite Parties : Mr. Dr. Indiwar Kumari, APP 22 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-07-2017 Heard the learned counsel for the petitioner and the State.
This is a petition for grant of anticipatory bail for offence under Sections 498A and 323 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act.
The petitioner is husband of opposite party no. 2. There is allegation of demand of dowry and torture for the same. In paragraph 12 of the petition it has been stated that the petitioner is ready for amicable settlement of dispute and restoration of conjugal life.
In the circumstances, let the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on provisional anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Daudpur P.S. Case No. 171 of 2016 to the
Patna High Court Cr.Misc. No.31116 of 2017 (2) dt.13-07-2017 2/2 satisfaction of the Additional Chief Judicial Magistrate, II, Saran at Chapra, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code and, further, with the condition that the Court below shall notice the parties and take necessary steps for amicable settlement. If the petitioner would be found cooperative in the settlement of dispute and willing for restoration of conjugal life, then, the provisional anticipatory bail shall be confirmed by the Court below, itself, otherwise necessary order would be passed according to law. (Birendra Kumar, J) SA/- U √ T √