Md. Alkama v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57025 of 2019 Arising Out of PS. Case No.-86 Year-2019 Thana- COMPLAINT CASE District- Araria ====================================================== Md. Alkama, Aged about 22 years, Male, Son of Md. Yasin, Resident of Village Metan, P.S. Tarabari, District Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Bibi Shajiya Praveen, Aged about 19 years, Female, Wife of Md. Alkama, D/o Md. Yasin, Resident of Village Dehti Mirbhag Uttar Tola, P.S. Palasi, District Araria.

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-09-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.86C/2019 for the offences allegedly committed by the petitioner under Section 498A of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act. The complainant, wife of the petitioner has made allegation that the petitioner subjected her to mental and physical torture due to non-fulfillment of additional demand of dowry.

The learned counsel for the petitioner submits that the petitioner is ready to keep his wife with all honour and dignity. Taking into consideration the fact that the petitioner is

Patna High Court CR. MISC. No.57025 of 2019(2) dt.16-09-2019 2/2 ready to keep his wife, the petitioner is directed to surrender in the court below within a period of four weeks from the date of receipt of this order and on such the learned court below shall enlarge the petitioner on provisional bail for four months on furnishing bail bond Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Araria in connection with Complaint Case No.86C/2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C. Thereafter the learned court below shall make efforts for resolution of the dispute between the husband and the wife. If the petitioner keeps his wife with all honour and dignity, the provisional bail granted to the petitioner shall be confirmed. If the petitioner fails to keep his wife without any plausible explanation and without any fault of the wife, the learned court below shall pass order on the provisional bail of the petitioner immediately after lapse of four months. (Prabhat Kumar Jha, J) S.KUMAR/- U T