Md Wahid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54840 of 2022 Arising Out of PS. Case No.-18 Year-2020 Thana- MAHILA PS District- Gaya ====================================================== MD WAHID SON OF MD. ABBAS Resident of Village- Salempur, P.S.- Muffasil, District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

MOMINA KHATOON @ MOMINA PRAVEEN WIFE OF MD. WAHID, DAUGHTER OF LATE MD. MUSLIM Resident of Village- Salempur, P.S.- Muffasil, District- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Priya Ranjan, Adv.

For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-03-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the O.P. no.2. The petitioner has prayed for grant of regular bail in a case registered under sections 376, 354D, 504, 506, 509 and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

At the outset, it is submitted by learned counsel for the petitioner that after hearing the parties to the case by order dated 18.1.2023, the petitioner was directed to be enlarged on provisional bail. It was further directed that the petitioner will take the O.P. no.2 ie his wife to his place of residence and they will reside together. Further, liberty was granted to the parties to

Patna High Court CR. MISC. No.54840 of 2022(4) dt.22-03-2023 2/2 file their respective affidavits bringing on record the developments which have taken place in the meantime. Learned counsel for the petitioner as also learned counsel for the O.P. no.2 both submit that no further affidavit has been filed on their behalf. As per instructions received from the respective clients, both the petitioner and the O.P. no.2 are living together.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation, the petitioner having been enlarged on provisional bail by the above mentioned order dated 18.1.2023 and no adverse affidavit having been filed on behalf of the informant-O.P. no.2 with respect to the developments since grant of the provisional bail, the provisional bail granted to the petitioner vide order dated 18.1.2023 passed in the instant case in connection with Mahila P.S. Case no.18 of 2020 to the satisfaction of learned Additional Sessions Judge XII, Gaya is hereby confirmed on the same terms and conditions.

(Partha Sarthy, J) Saurabh/- U T