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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55834 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- DULHIN BAZAR District- Patna ====================================================== 1.

MD. SARWAR ALAM @ SARWAR ALAM, Son of Md. Khalil, Resident of Village - Deokali, P.S. - Guraru, Distt - Gaya. 2.

Md. Saddam, Son of Hafiz Miya, Resident of Village - Dahibhatta, P.S.- Masaurhi, Distt - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Srimati Alina Khatoon, Wife of Sarwar Alam, D/o Md. Nasruddin @ Mukhlal Miya, Resident of Village - Yenkha, P.S. - Dulhin Bazar, Distt - Patna.

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

For the Petitioner/s :

Mr. Ujjawal Kumar Singh, Adv.

Mr. Jitendra Narain Sinha, Adv.

For the Opposite Party/s :

Mr. Dashrath Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-09-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offence punishable under Section 341, 323, 314, 315, 498, 495, 498A, 420/34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. This is a case under Section 498A of the Indian Penal Code along with allegation that the husband has married with another lady. Petitioners are ready for amicable settlement of dispute with the wife.

In the circumstances, let petitioner no. 1 Md. Sarwar Alam @ Sarwar Alam, who is husband of opposite party no. 2, be released on provisional bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.55834 of 2019(2) dt.06-09-2019 2/2 satisfaction of learned Court below where the case is pending in connection with Dulhin Bazar Police Station Case No. 32 of 2019, with condition that within three months, petitioner no. 1 shall amicably settle the dispute with his wife. If the wife would not be cooperative in settlement of dispute, the learned court below shall confirm the provisional bail of the petitioner, otherwise the provisional bail shall be cancelled.

Let petitioner no. 2 Md. Saddam, who is relation of petitioner no. 1, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Dulhin Bazar Police Station Case No. 32 of 2019, subject to the following conditions:- (a) The petitioner no. 1 and 2 shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner no. 1 and 2.

(b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T