Md. Ali Hasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68163 of 2022 Arising Out of PS. Case No.-498 Year-2019 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Md. Ali Hasan Son Of Md. Biltu R/V- Basha, Purbari Tol, P.S.- Babubarhi, Dist- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jahira Khatoon Wife of Md. Ali Hasan, Daughter of Hamija R/v- Pachwari Tola, P.S.- Babubarhi, Dist- Madhubani At present- Jahira Khatoon, D/o Hamija, R/v- Basha, Purwari Tola, P.S.- Babubarhi, Dist- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mr. Gagandeo Yadav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-04-2023 Heard Mr. Shailendra Kumar Jha, learned counsel appearing on behalf of the petitioner and Mr. Gagandeo Yadav, learned counsel appearing on behalf of Opposite Party No. 2.

2. The petitioner apprehends his pre-arrest in connection with C.R. Case No. 498 of 2019 registered under Sections 342, 323, 504, 498(A), 307 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. Learned counsel appearing on behalf of the petitioner submitted that he has received instruction that petitioner is ready to keep Opposite Party No. 2, who is legally

Patna High Court CR. MISC. No.68163 of 2022(4) dt.10-04-2023 2/3 wedded wife of the petitioner, with full honour and dignity, and will not assault her or make any demand of dowry.

4. Considering the nature of allegation made against the petitioner and the willingness of the petitioner and Opposite Party No. 2 to live together and lead their conjugal life happily and to that effect the petitioner has given statement in paragraph no. 9 of the bail application that he is ready to keep the Opposite Party No. 2 with full dignity and honour and he will not torture or demand any dowry from her parents. The Court below is directed to release the petitioner above named on provisional pre-arrest bail.

5. The Court below is further directed to monitor the well being of the petitioner and Opposite Party No. 2 from time to time for a period of three months and should also strive to reconcile the matrimonial dispute between the husband and the wife and if it is found that no complaint is made by either parties during the aforesaid period, the provisional pre-arrest bail granted to the petitioner must be made absolute on such terms and conditions as the Court below deem it fit and proper and the conditions as laid down under Section 438(2) of the Cr.P.C. In case any of the condition, which has been imposed is violated by the petitioner, this order will automatically loose its

Patna High Court CR. MISC. No.68163 of 2022(4) dt.10-04-2023 3/3 force.

6. Accordingly, the present bail application stands disposed of.

(Purnendu Singh, J) minu/- U T