Md. Murshid v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77839 of 2018 Arising Out of PS. Case No.-382 Year-2017 Thana- COMPLAINT CASE District- Supaul * ====================================================== Md. Murshid s/o Md. Habib Mian. Resident of Village - Pothia, P.s. Simraha, Distt. - Araria.

... ... Petitioner/s

Versus

1.

State Of Bihar and Anr 2.

Ashma Khatoon W/o - Md. Murshid D/o - Md. Ibrahim, Resident of villageBirpur, Ward No. 10, P.S. Birpur, District- Supaul ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Naushad Uzzoha For the Opposite Party/s :

Mr.Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-03-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.382c/2017, registered for offences punishable under Section498(A) of the Indian Penal Code.

Allegation against the petitioner is of subjecting his wife cruelty and harassment.

Submission of the learned counsel for the petitioner is that he is still ready to keep her, however, the learned counsel for the O.P.no.2 has drawn my attention towards the last paragrpah of the impugned order that shows that the O.P.no.2 appeared before the learned court below and she is ready to go

Patna High Court CR. MISC. No.77839 of 2018(3) dt.01-03-2019 2/2 with the petitioner and he is not ready to keep her. In such view of the matter, this petitioner is directed to first take first O.P.no.2/wife and thereafter surrender before the learned court below within a period of six weeks from the date of receipt of the order and file an application that he is ready to keep her and on that date the O.P.no.2 shall also be present in the learned court below and on being satisfied, the learned court below shall release the petitioner on provisional bail in connection with Complaint Case No.382c/2017 to his own sanctification and will watch the conduct of the petitioner for a period of six months by calling them in the first week of each month to verify the conduct of both the parties and on finding any fault on behalf of the petitioner during the period of six months, his bail bond shall be cancelled otherwise his bail bond shall be confirmed .

(Vinod Kumar Sinha, J) chn/- U T