Sarfu Hazam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54865 of 2019 Arising Out of PS. Case No.-603 Year-2018 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== SARFU HAZAM Son of Sahabu Hazam Resident of Village - Kusmi, P.S.- Dhanapur, District- Chaundauli (U.P.) ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Sabia Khatoon Wife of Sarfu Hazam Presently Resident of Village - Kusmi, P.O. and P.S.- Dhanapur, District- Chandauli (U.P.). At present D/O - Rahmullah Hazam, Resident - Surha, P.S.- Chand, P.O.- Saukhara, DistrictBhabua ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case N0. 603 of 2018, disclosing offences under Section 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

Petitioner is the husband of the Opposite party No.2. Learned counsel for the petitioner is desirous of living with the complainant and lead peaceful happy matrimonial life forgetting the past.

Learned counsel appearing on behalf of the complainant has also submitted that the complainant is also willing to resume peaceful conjugal life.

Patna High Court CR. MISC. No.54865 of 2019(3) dt.20-11-2019 2/2 Learned counsel for the petitioner has submitted that the petitioner will go to the place where the complainant is presently residing to bring her back to the matrimonial home, for them to live together.

Considering the above submission, this application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Kaimur at Bhabua in Complaint Case No. 603 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled. It will be open for the Opposite party No.2 to apply for cancellation of bail, if found necessary. (Chakradhari Sharan Singh, J) arun/- U