Moinul Hoda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45069 of 2019 Arising Out of PS. Case No.-2051 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== MOINUL HODA Son of Ashraful Hoda Resident of House No.-A/64, Road, No.- B/5 Alinagar Colony, Ward No.- 10 Anisabad, P.S.- Gardanibagh, District- Patna ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Farha Rahim Wife of Moinul Hoda and daughter of Late Dr. M.M. Rahim Resident of Mohalla- Galaxi House Iqbal Hassan Road, Mehdi Hasan Chauk, P.S.- Brahampura, District- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Anis Akhtar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 For O.P. No.2 : Mr. Md. S. Hoda ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. C-2051 of 2018 in which cognizance has been taken under Section 498A of the Indian Penal Code.

Allegation against the petitioner, who happens to be husband of complainant, is that he subjected her to torture and ousted her from the house with respect to demand of a Scorpio vehicle. Submission of learned counsel for the petitioner is that as a matter of fact she fled away and he is still ready to keep her with dignity and care. On the other hand, learned counsel for opposite party No.2 has submitted that in spite of her being tortured by the petitioner she is ready to reside with him.

Heard learned APP also.

Patna High Court CR. MISC. No.45069 of 2019(3) dt.21-10-2019 2/2 In view of above facts and circumstances, let petitioner appear in the court below on 15.11.2019, on that day opposite party No.2 shall also remain present in the court and on appearance of both the parties, the court below shall extend the provisional bail granted to the petitioner by order dated 22.7.2019 to a period of six months and during that period both the parties have to appear before the court below in 4th week of every month, so that the court may watch their conduct and marital relationship, specially the conduct of the petitioner and on being satisfied with the same the provisional bail granted to the petitioner shall be confirmed, otherwise the court below is free to pass any other order(s) as it may deem fit and proper, including cancellation of bail bonds of the petitioner. It is needless to say that once both the parties started living together without any dispute, it is expected that both the parties shall withdraw the cases filed against each other.

This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) spal/- U T