Patna High CourtCR. MISC./14410/2015disposed

Md. Mustak v. State Of Bihar And ANR

2015-06-25Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14410 of 2015 Arising Out of PS.Case No. -259 Year- 2014 Thana -KUDHNI District- MUZAFFARPUR ====================================================== Md. Mustak, S/o Kashim Miyan, Resident of Village - Dariyapur Kafen Chakiyan, P.S. Kudhani, District - Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Smt. Chandni Khatoon, W/o Md. Mustak and D/o Md. Hadish, R/o Village - Vishunpur Vaghangari, P.S. Sakra, District - Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Jai Prakash Verma For the Opposite Party/s : Mr. Akbar Ali (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-06-2015 Heard both sides.

The petitioner apprehends his arrest in a case registered under Sections 498(A)/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The petitioner is the husband and is ready to keep his wife. Learned counsel for the wife submits that the wife is also willing to live with the petitioner provided the petitioner gives an undertaking to keep her properly.

Considering the willingness of the petitioner to keep his wife, the above named petitioner is directed to surrender in the court below within four weeks from today and the court below shall, after issuing notice to the complainant, grant provisional bail to the petitioner on furnishing bail bond of Rs. 10,000/-

Patna High Court Cr.Misc. No.14410 of 2015 (3) dt.25-06-2015 2/2 (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri Anand Kr. Srivastava, Judicial Magistrate, 1st Class, Muzaffarpur in Kudhani (Turki OP) P.S. Case No. 259/2014.

The court below shall make all efforts for reconciliation of the dispute between the husband and the wife. If the dispute is resolved amicably between the parties and the petitioner keeps his wife properly, the provisional bail granted to the petitioner shall be confirmed. In case the dispute is not resolved, the court below shall pass orders on the prayer for provisional bail of the petitioner on its own merit in accordance with law.

(Prabhat Kumar Jha, J) Dilip/- U T