Patna High CourtCR. MISC./53262/2023disposed

Ekaramul Haque v. The State Of Bihar

2023-12-13Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53262 of 2023 Arising Out of PS. Case No.-2064 Year-2019 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== EKARAMUL HAQUE, Male, aged about 39 years, S/O MD. TAFAZUL HAQUE, resident of VILLAGE GHERABARI CHANDUAR PS ANGADH DISTRICT PURNEA ... ... Petitioner/s

Versus

The State of Bihar 2.

SUNDARI BEGUM, aged about 33 years, W/O EKARAMUL HAQUE D/O SAIFUDDIN, RESIDENT OF VILLAGE- GHERABARI, CHANDWAR, P.S.- ANGADH, DISTRICT- PURNEA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Shekhar Anand, Advocate For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-12-2023 Heard Mr. Chandra Shekhar Anand, learned counsel appearing on behalf of the petitioner and Mr. Akbar Ali learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Purnea Complaint Case No. 2064/2019 registered for the offence(s) punishable under Section 498(A) of the Indian Penal Code.

3. The present case relates to matrimonial dispute between the petitioner and the opposite party no.2 who are husband and wife. The allegation against the petitioner is of assaulting the opposite party no.2 for non-fulfillment of demand of dowry.

Patna High Court CR. MISC. No.53262 of 2023(3) dt.13-12-2023 2/3

4. Learned counsel appearing on behalf of the petitioner submits that due to strained matrimonial relationship between the petitioner and the opposite party no.2, who is legally wedded wife of the petitioner, the present complaint has been filed. Learned counsel further submits that the petitioner is ready to keep opposite party no.2 with full dignity and honour and he will also satisfy her physical desire and support her by meeting all her expenses.

5. Learned counsel appearing on behalf of the opposite party no.2 submits that the opposite party no.2 is ready to give undertaking that she is ready to live along with the petitioner as has been stated in the open court on behalf of the petitioner by learned counsel.

6. Petitioner is also directed to file an affidavit before the court below within four weeks to the effect that he is ready to live along with the opposite party no.2 and provide her physical, as well as, financial requirement and keep her with full dignity and honour.

7. If such affidavits are filed by the opposite party no.2 and the petitioner and opposite party no.2 agrees to live together after resolving their strained matrimonial dispute, the petitioner is directed to be released on provisional bail in the

Patna High Court CR. MISC. No.53262 of 2023(3) dt.13-12-2023 3/3 event of his surrender before the Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Baisi, Purnea in connection with Complaint Case No.2064/2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C,

8. The provisional bail granted to the petitioner shall be confirmed by the court below after observing the conduct of both the parties. In case any of the parties complains before the court, particularly when O.P. No.2 don't desire to live together, then in that case, they are at liberty to avail remedy in accordance with law. The petitioner in that case will be released on bail. In case, the parties have resolved their dispute amicably and they reside happily with each other, in that case, provisional bail granted to the petitioner shall be confirmed after a period of one year.

9. With the aforesaid observation/direction, the bail application stands disposed off.

(Purnendu Singh, J) Sanjay/- U T