Md. Haroon v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11027 of 2014 Arising Out of PS.Case No. -433 Year- 2013 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Md. Haroon S/O Md. Alam Resident Of Village- Patengna Jhawari, P.S.- Tarabari, District- Araria .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Naseema Khatoon D/O Md. Nasir Resident Of Village- Sharif Nagar, Mirza Bhag, P.S.- Araria, District- Araria .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 09-04-2015 Heard learned counsel for the parties.

Having regard to the fact that the petitioner for prosecution for allegations under Section 498A of Indian Penal Code and is still wholly averse to mitigate the hardship of his wife and three children and infact has also gone to make personal allegation against the wife, this Court on being assured that the petitioner is fully prepared to make ammends by taking back his wife and three children would direct the petitioner to surrender on 27th of April, 2015, when the Court below shall examine the possibility of acceptance of the offer of the petitioner for rehabilitating the complainant Naseema Khatoon and

Patna High Court Cr.Misc. No.11027 of 2014 (3) dt.09-04-2015 her three children and if it finds that both the parties are agreed to live together, it would grant provisional bail to the petitioner Md. Haroon, for a period of two months on furnishing two bail bonds of Rs. 10,000- each to the satisfaction of Chief Judicial Magistrate in Complaint Case No. 433 of 2013.

On expiry of the period of two months of provisional bail of the petitioner shall surrender make necessary query and enquiry from both the petitioner and his wife the complainant opposite party no. 2 would pass the order conforming the provisional bail of the petitioner, in case there would be no further complaint of the wife, Opposite Party No. 2 as with regard to any further physical or mental torture to her by the petitioner or his family members.

The Court below however, will keep in mind that if the complainant herself for no justified reason is adamant in not living together with the petitioner on her own sweet will and accord, it will grant and/or confirm

Patna High Court Cr.Misc. No.11027 of 2014 (3) dt.09-04-2015 bail to the petitioner on reasonable terms and conditions in connection with Complaint Case No. 433 of 2013. With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) Ranjan/- U