Md. Ali Imam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65137 of 2019 Arising Out of PS. Case No.-454 Year-2019 Thana- PIRBAHOR District- Patna ====================================================== MD. ALI IMAM, Son of Syed Jafar Imam, Resident of Mohalla - New Azimabad, Colony Sector - A, House No. 502C, P.O. Mahendru, P.S. - Bahadurpur, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kamal Kishore Singh, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 379, 506, 498A/34 of the Indian Penal Code, Sections 3, 4 of the Dowry Prohibition Act, Sections 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019. Allegation is that the petitioner pronounced triple Talaq on 30.08.2019 declaring divorce with the informant. Petitioner is in custody since 30.08.2019. Petitioner is ready for restoration of conjugal life. Learned counsel for the petitioner is of no two mind that on the alleged date, the pronouncement of triple Talaq was a punishable offence and could not have given affect to a legal divorce.

Patna High Court CR. MISC. No.65137 of 2019(2) dt.04-11-2019 2/2 Learned counsel for the informant opposed the prayer for bail.

In the circumstance, let the petitioner, above named, be released on provisional bail for a period of four months on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Peerbahore Police Station Case No. 454 of 2019, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

In the meantime, petitioner shall take step for restoration of conjugal life with his wife and thereafter the learned court below shall confirm the provisional bail. (Birendra Kumar, J) Kundan/- U T