Majahar Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7213 of 2017 Arising Out of PS.Case No. -7 Year- 2016 Thana -MAHILA P.S BAGHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Majahar Alam, son of Basir Ansari, Resident of Mohalla- Maston Tola, P.S. Bagaha, District West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rahamat Ara Khatoon, wife of Majahar Alam, daughter of Shamsul Hoda, at present Resident of Village- Mathiya, Post Office Meghawal Mathiya, Police Station Ramnagar, District West Champaran. .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Milind Kumar Mishra, Advocate For the Opposite Party No. 2 : Mr. Zainul Abadin, Advocate For the State : Mr. Narsingh Tanti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-05-2017 Heard the parties.

The petitioner is apprehending his arrest in connection with Bagaha Mahila P.S. Case No. 07 of 2016, registered under sections 498A and 34 of the Indian Penal Code. Case is under Section 498A IPC and petitioner is the husband. Earlier in this case, notice has been issued to the Opposite Party No. 2 and she has appeared through learned counsel Mr. Md. Zainul Abadin.

It has been submitted on behalf of the petitioner that after notice, the Opposite Party No. 2 is residing with the petitioner and she has no complaint against him.

Patna High Court Cr.Misc. No.7213 of 2017 (3) dt.01-05-2017 Learned counsel for the Opposite Party No. 2 has also not converted the above fact.

Having heard both sides and in view of the facts stated above, I am not inclined to grant anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks, the learned court below shall release the petitioner, namely, Majahar Alam, on provisional bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to his own satisfaction in connection with Bagaha Mahila P.S. Case No. 07 of 2016 for a period of six months and further the Court below will call for the petitioner and Opposite Party No. 2 in the Court on the date fixed in each month to watch their conduct and once the Court after being satisfied with the conduct of the parties and their matrimonial relationship, after six months the bail bond of the petitioner shall be confirmed otherwise the Court may pass any order(s) as he may deem fit and proper.

With the aforesaid observation, this application is disposed of accordingly.

(Vinod Kumar Sinha, J) S.Sb/- U T