Md. Mumtaj @ Md. Mamtaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46656 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- MAHILA P.S. District- Madhubani ====================================================== Md. Mumtaj @ Md. Mamtaj, Aged about 25 years, Male, Son of Md. Akhlak, Resident of Village Sangram, P.S. Araria Sangram (O.P.), District Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sahana Khatoon, Aged about 21 years, Female, Wife of Md. Mumtaj, Resident of Village Sangram, P.S. Araria Sangram (O.P.), District Madhubani.

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

For the Petitioner/s :

Mr.Manoj Kumar Jha For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-07-2019 Learned counsel for the informant appeared by filing Vakalatnama. Let the same be kept on record.

Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and the learned counsel appearing on behalf of the informant.

Petitioner apprehends his arrest in Madhubani Mahila P.S. Case No.1 of 2019, registered under Section 498A and other sections of the Indian Penal Code as well as under Sections 3 and 4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that the petitioner is the husband and he is ready to keep his wife with all honour and dignity. On such submission, learned counsel for the informant drew the attention of this Court to the order of the learned Additional Sessions Judge and submits that although the petitioner

Patna High Court CR. MISC. No.46656 of 2019(2) dt.29-07-2019 2/2 undertook to keep his wife but the petitioner did not take his wife and fled away from his house also. It is submitted that the informant is also ready to live with her husband provided her husband keeps her with honour and dignity.

Taking into consideration the fact that the husband and the wife are willing to restore their conjugal relations, petitioner is directed to surrender in the court below within six weeks from the date of receipt of this order and on such the learned court below shall enlarge the petitioner on provisional bail for four months on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Madhubani in connection with Madhubani Mahila P.S. Case No.1 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C. Thereafter the learned court below shall take all efforts for resolution of the disputes between the husband and the wife.

If the petitioner keeps his wife with all honour and dignity, the provisional bail granted to the petitioner shall be confirmed. If the petitioner fails to keep his wife without any fault of the wife, the learned court below shall pass order on the provisional bail of the petitioner in accordance with law immediately after lapse of four months. (Prabhat Kumar Jha, J) S.