Hamid Parwaz @ Md. Hamid Parwaz @ Md. Hamid Parwez v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16671 of 2017 Arising Out of PS.Case No. -28 Year- 2016 Thana -MAHILA PS District- BUXAR ======================================================

1. Hamid Parwaz @ Md. Hamid Parwaz @ Md. Hamid Parwez S/o Sajid Khan, R/o Mohalla - Mirdaha, P.S. Mohammadbad, District - Gajipur, ( Uttar Pradesh ) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Anjum Ara, D/o Kamal Kha, R/o village - Pakhanpura, P.S. Bhawerkal, District - Gajipur ( Uttar Pradesh ) .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Pandey For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-04-2017 Heard the parties.

This application has been filed in connection with Buxar (Mahila) P.S.Case No.28 of 2016 for the offence under Sections 341, 323, 504, 506, 406, 498(A), 354 and 34 of the Indian Penal Code.

Submission of the learned counsel for the petitioner is that he is ready to keep his wife with all dignity and care. Heard learned A.P.P. and the learned counsel for the informant. Learned counsel for the informant has also submitted that she is also ready to live with him, if she is kept with her all dignity and care.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.16671 of 2017 (3) dt.13-04-2017 2/2 circumstances, as stated above, let the petitioner surrender and file an application before the court below, with an affidavit that he is ready to keep his wife with all dignity and care and he will also take her at the place of his service regularly, which will be considered by the learned court below and call upon both the parties (petitioner and O.P.No.2) on 28.04.2017 and if he is satisfied that the petitioner and O.P.No.2 are ready to live together, he will release the petitioner on provisional bail of Rs.25,000/- (twenty five thousand) for a period of six months and during that period, he will watch the conduct of the parties and call them on a fixed date and once being satisfied with the conduct of the parties, he will confirm the bail bond of the petitioner, otherwise, he may pass any order or orders as he deems fit and proper.

The learned court below will also watch conduct of the O.P.No.2 and it if not satisfied with her conduct, he may also confirm the bail bonds of the petitioner.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U