Md. Najrul Haque @ Md. Najrul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12702 of 2017 Arising Out of PS.Case No. -15 Year- 2016 Thana -MAHILA PS District- KATIHAR ======================================================
1. Md. Najrul Haque @ Md. Najrul, son of Badruddin, resident of Village Chhoti Chakla, P.S. K. Nagar, District Katihar. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-04-2017 Heard both sides.
The petitioner apprehends his arrest in Mahila P.S. case No. 15/2016 registered under Section 498(A) and other Sections of the Indian Penal Code.
Sri Ajit Kumar Singh, the learned counsel for the petitioner submits that petitioner is husband and he is ready to keep his wife.
The learned counsel for the informant submits that wife is also willing to live with her husband but the wife has got apprehension that petitioner has already solemnized second marriage, which is denied by the learned counsel for the petitioner Considering the fact that husband and wife are ready to live together, the above named petitioner is directed to
Patna High Court Cr.Misc. No.12702 of 2017 (2) dt.10-04-2017 2/2 surrender in the court below within four weeks from today and, on such, the learned court below shall grant provisional bail to the petitioner for four months on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Katihar, in Mahila P.S. Case No. 15 of 2016.
The court below shall make all efforts for resolving 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 immediately after expiry of four months on its own merit in accordance with law. (Prabhat Kumar Jha, J) BKS/- U T