← Library
Patna High CourtCR. MISC./51616/2019disposed

Md. Waris Alam @ Waris v. The State Of Bihar

2019-08-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51616 of 2019 Arising Out of PS. Case No.-54 Year-2019 Thana- MAHILA P.S. District- Araria ====================================================== MD. WARIS ALAM @ WARIS Son of Ziyauddin @ Md. Ziyauddin Resident of Village - Bochi Domaria Tola ward no. 05, P.S.- Tarabari, Distt - Araria. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Chaman Ara D/O Masiurrahman Resident of Village - Hridyapur, P.S.- Raniganj, Distt - Araria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Ms.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Mahila P.S. Case No. 54 of 2019 registered for the offences punishable under Sections 341, 323, 504, 498A, 313/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act. Allegation against the petitioner is that he subjected the informant to cruelty with respect to demand of Rs.2 lac and there is also allegation that he provided some tablet to her, causing miscarriage of her pregnancy and later on he ousted her from the matrimonial house.

Submission of learned counsel for the petitioner is that the whole allegation is false and concocted and there is no medical report with respect to allegation of miscarriage of the pregnancy and furthermore he is still ready to keep her with dignity and care.

Patna High Court CR. MISC. No.51616 of 2019(2) dt.19-08-2019 2/2 Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail and submitted that in the prevailing situation it is not possible for her to reside with the petitioner and she wants for one time settlement. In view of above facts and circumstances, let petitioner surrender by 28.8.2019 and on surrender he shall be released on provisional bail for a period of six months to the satisfaction of the court below and during that period learned court below will try for reconciliation between the parties on notice and further the court below considering the conduct of both the parties during reconciliation and also considering the outcome of reconciliation will pass an appropriate order either confirming the bail bonds of the petitioner or any other order as it may deem fit and proper, including cancellation of bail bonds of the petitioner. With the above observation, this application is disposed of.

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