Md. Murtuza Hussain v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30608 of 2015 Arising Out of PS.Case No. -1595 Year- 2012 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Md. Murtuza Hussain, son of Md. Khursid Alam, R/o Village Chandpur Phatah, P.S. Patepur, Distt. Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Rizwana Khatoon, wife of Md. Murtuza Hussain, D/o Noor Mohmmad, R/o Village Murgiyachak Sumera, P.S. Kurhani, Distt. Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Bela Singh, Advocate. For the Opposite Party/s : Mr. A.M.P.Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-07-2015 Heard both sides.

The petitioner apprehends his arrest in a case registered under Section 498(A) and other sections of the Indian Penal Code.

The petitioner is husband and he is ready to keep his wife on any undertaking. It is submitted that the petitioner never assaulted his wife and son.

Considering the willingness of the petitioner to keep his wife, the above named petitioner is directed to surrender in the court below within four weeks from today and the court below shall, after issuing notice to the complainant, grant provisional bail to the petitioner for six months on furnishing bail bond in the sum of Rs. 10,000/- (rupees ten thousand) with two sureties of the like

Patna High Court Cr.Misc. No.30608 of 2015 (2) dt.29-07-2015 2/2 amount each to the satisfaction of Sri Anand Kumar Srivastava, Judicial Magistrate, 1st Class, Muzaffarpur in Complaint Case No. 1595 of 2012, corresponding to Tr. No. 4022 of 2015. The court below shall make all efforts for reconciliation of the dispute between the husband and the wife. If the dispute is resolved amicably between the parties, the provisional bail granted to the petitioner shall be confirmed. In case the dispute is not resolved, the court below shall pass orders on the prayer for provisional bail of the petitioner on its own merit in accordance with law.

(Prabhat Kumar Jha, J) Dilip/- U T