Md. Mangal @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51274 of 2019 Arising Out of PS. Case No.-1463 Year-2018 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== MD. MANGAL @ RAJA S/o Md. Buddho R/o village- Badra Alampur, P.S.- Habibpur, District- Bhagalpur ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Bibi Gudiya D/o Md. Kalim, W/o Md. Mangal @ Raja R/o village- Khilafat Nagar Shahjangi, P.S.- Habibpur, District- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr. Dr. Manoj Kumar For the State :

Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.1463 of 2018 registered for offences punishable under Sections 498(A) of the Indian Penal Code. Prosecution story as per the complaint petition is of demand of Rs.01 lac as dowry and subjecting her cruelty. Submission of the learned counsel for the petitioner is that he is still ready to keep her with dignity and care though earlier before the court below he has taken stand that he has given talaque to the complainant.

Heard learned A.P.P. and the learned counsel for the O.P.no.2, who also desires to reside with the petitioner and no Talaque has been given to her as claimed by the petitioner. Having heard both sides and in view of the facts and

Patna High Court CR. MISC. No.51274 of 2019(2) dt.19-08-2019 2/2 circumstances, as stated above, let the petitioner surrender on 28.8.2019 and on that day O.P.no.2 shall also remain present in the court below and further on filing an affidavit filed by the learned counsel for the petitioner that he is ready to keep her with dignity and care and will take her from the court below itself, he will be released on provisional bail in connection with Complaint Case No.1463 of 2018 for a period of six months and during that period, both the parties shall appear before the court below in the second week of each month to enable the learned court below to watch their conduct and their matrimonial relationship and once being satisfied with the conduct of both the parties and especially the conduct of the petitioner, the learned court below shall confirm the bail bond of the petitioner, otherwise he is free to pass any other order or orders as he deems fit and proper including cancelling the bail bond of the petitioner.

With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T