Asif Masood v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45398 of 2019 Arising Out of PS. Case No.-1323 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== ASIF MASOOD Son of Late Al - Haaj Mohammad Masood Resident of Mohalla -412, Ara Garden Residencies, Ara Garden Road, Jagdeo Path More, Bailey Road, P.S.- Rupaspur, Distt - Patna.

... ... Petitioner/s

Versus

1. THE STATE OF BIHAR

2. Sainab Afroj W/O Asif Masood D/O Badrul Haque Siddiqui, permanent R/O Mohalla Jamiran Ki Ganchhi, Jail Road, Chandwara, P.O.Muzaffarpur, P.S. Town Thana, Distt. Muzaffapur At present, C/O Mahboob Alam at Sharif Colony , Bhikhana Pahari, P.O. Mahendru P.S. Pirbahore Distt. Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mahmood Alam For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta For the Complainatn :

Mr. Bindo Kuamr ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-10-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.1323©/2018 registered for offences punishable under Section 498(A) of the Indian Penal Code and Section 4 of D.P.Act.

Case is under Section 498(A) of the IPC with allegation of demand and torture, however, submission of the learned counsel for the petitioner is that he is ready to keep her with dignity and care and he has also made such submission before the learned court below.

Heard learned A.P.P. and the learned counsel for the complaint, who has submiitted that she is also ready to reside with the petitioner. .

Patna High Court CR. MISC. No.45398 of 2019(3) dt.22-10-2019 2/2 Having heard both sides and stands of the parties, let the petitioner surrender before the learned court below on 14.11.2019 and on that day O.P.no.2 shall also remain present in the court below and if the petitioner is ready to take her from the learned court below itself and keep her with dignity and care, he shall be released on provisional bail in connection with Complaint Case No.

1323© of 2018 for a period of six months and during that period both the parties have to appear before the learned court below in the 3rd week of each month so that the learned court below may watch the conduct of both parties and once being satisfied with the conduct of the parties especially the conduct of the petitioner, he will confirm the bail bond of the petitioner, otherwise he is free to pass any other order as orders as he deems fit and proper including the cancelling the bail bond of the petitioner and it is also made clear that if the O.P.no.2. is not ready to reside with the petitioner, then the provisional bail grated to the petitioner shall be confirmed. With the aforesaid direction, this application is disposed of.

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