Md. Mustak Alam And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49400 of 2014 Arising Out of PS.Case No. -1513 Year- 2013 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ======================================================
1. Md. Mustak Alam Son of Md. Kalam
2. Bibi Jalikha Wife of Md. Kalam Both resident of village - Danchakla, Police Station - Saur Bazar, District- Saharsa. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Md. Harun Quareshi, Advocate. For the Opposite Party : Mr. Madhuri Lata(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-04-2015 Heard both sides.
Petitioners happen to be the husband and mother-in-law apprehend their arrest in a case under Section 498A and other Sections of the I.P.C.
Learned counsel for the petitioners submits that the petitioner no. 1 is ready to keep his wife.
Considering the facts aforesaid and nature of allegation made against the petitioner no. 2, who happens to be the motherin-law of the complainant, petitioner no. 2 is directed to be released on bail, in the event of her arrest or surrender before the
Patna High Court Cr.Misc. No.49400 of 2014 (2) dt.09-04-2015 2 / 3 learned Court below within four weeks from the date of receipt/production of a copy of the order on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Saharsa, in connection with Complaint Case No. 1513C of 2013, subject to the conditions as laid down under Section 438(2) Cr. P.C.
So far as the case of petitioner no. 1 is concerned, he is the husband of the complainant and is ready to keep his wife. Accordingly, he is directed to surrender before the learned Court below within four weeks from the date of receipt/production of a copy of the order and the learned court below shall enlarge the petitioner no. 1 after issuing the notice to the complainant, on provisional bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Saharsa in connection with Complaint Case No. 1513C of 2013, subject to the conditions as laid down under Section 438(2) Cr. P.C.
Thereafter, the learned court below shall make effort for reconciliation the dispute between the husband and the wife. If the dispute between them is resolved, the provisional bail granted to petitioner no. 1, shall be confirmed but if the dispute between husband and wife is not amicably settled the learned court below
Patna High Court Cr.Misc. No.49400 of 2014 (2) dt.09-04-2015 3 / 3 shall pass an order on merits on provisional bail of petitioner no. 1.
U.K./- (Prabhat Kumar Jha, J) U T