Md. Sattar Alam @ Sattar Ali v. Thh State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43806 of 2019 Arising Out of PS. Case No.-22 Year-2019 Thana- MANSAHI District- Katihar ====================================================== MD. SATTAR ALAM @ SATTAR ALI aged about 25 years, Male, Son of Md. Sabir Ali Resident of village- Kehuniya Kewala, P.S.- Mansahi and District- Katihar.

... ... Petitioner/s

Versus

1.

THH STATE OF BIHAR 2.

Kamela Khatoon, aged about 22 years, Female, Wife of Sattar Ali D/O Md. Ikramul Resident of Village- Kewala, P.S.- Pranpur, District- Katihar, At present resident at her maikey resident of Village Kast Habar, P.S. Mansahi, District- Katihar.

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

For the Petitioner/s :

Mr.Md. Musowir, Advocate For the Opposite Party/s :

Mr.Kalyan Shankar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner as well as learned counsel representing the informant-opposite party no. 2.

The petitioner, in the present case, is husband of informant-opposite party no. 2 and is seeking anticipatory bail in connection with Mansahi P.S. Case No. 22/2019 registered under Sections 498(A)/448/323 of the Indian Penal Code and 3⁄4 of the dowry Prohibition Act. At the outset, learned counsel for the parties submit that they are ready and willing to live together and

Patna High Court CR. MISC. No.43806 of 2019(3) dt.25-09-2019 2/3 the petitioner will take care of opposite party no.2 in the matrimonial home and shall keep her with full dignity and care.

Learned counsel for the petitioner submits that the petitioner shall visit the Maike/house of opposite party no. 2 within two weeks from today and shall bring her back to the matrimonial home where she will live with the petitioner. Learned counsel for the opposite party no. 2 submits that if the petitioner visits her Maike/house of opposite party no. 2, then the opposite party no. 2 shall accompany him and will go to live with the petitioner. In the given facts and circumstances of the case, Let the petitioner above-named, in the event of his arrest/surrender before the court below within a period of four weeks, be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Katihar, in connection with Mansahi P.S. Case No. 22/2019, subject to condition prescribed under Section 438(2) of the Code of Criminal Procedure, and further condition that the petitioner shall abide by his own

Patna High Court CR. MISC. No.43806 of 2019(3) dt.25-09-2019 3/3 undertaking and shall bring back informant-opposite party no. 2 to the matrimonial home within two weeks from today where she will live with the petitioner with full dignity and care.

In case, the petitioner commits any breach of the undertaking and the conditions mentioned hereinabove, it will be open for the informant-opposite party no. 2 to file an appropriate application for cancellation of bail. The application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U T