Md. Irshad Quraishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66080 of 2019 Arising Out of PS. Case No.-908 Year-2018 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Md. Irshad Quraishi, Aged about 35 years, Male, S/o Late Ekbal Quraishi, R/o Village/Mohalla- Quraishi Mohalla Gudari, Ranchi, P.O.- Charch Road, P.S.- Gudari Lower Bazar Ranchi, District- Ranchi (Jharkhand) ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Yasmin Fatima, Aged about 25 years, Female, W/o Irshad Quraishi, D/o Guljar Ahmad, R/o Mohalla Quraishi Mohalla Ward No. 10, P.S.+ District Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Shailesh Kumar Singh, Advocate For the State :

Mr. Atul Chandra, APP For the complainant :

Ms. Leelawati Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-10-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.908 of 2018 for the offences punishable under Sections 498A and 323 of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that the petitioner is ready to keep his wife. On account of some petty dispute, the wife lodged the complaint case.

Learned counsel for the complainant submits that the wife is also ready to restore her conjugal relation provided her husband keeps her properly and with all honour and dignity.

Patna High Court CR. MISC. No.66080 of 2019(2) dt.21-10-2019 2/2 Having considered that the husband and the wife are willing to restore their conjugal relation, the petitioner is directed to surrender in the court below within four weeks from the date of receipt of this order and on such the learned court below shall enlarge the petitioner on provisional anticipatory bail for four months on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad in connection with Complaint Case No.908 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. Thereafter the learned court below shall make efforts for resolution of the dispute between husband and 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 fault of the wife, the learned court below shall pass order on provisional bail of the petitioner in accordance with law immediately after lapse of four months.

(Prabhat Kumar Jha, J) S.KUMAR/- U T