Patna High CourtCR. MISC./80003/2018disposed

Mahfooz Khan v. State Of Bihar And ANR

2019-01-10Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80003 of 2018 Arising Out of PS. Case No.-58 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Mahfooz Khan, son of Mansoor Khan, resident of village - Dariyapur, P.S.- Sangrampur, District-East Champaran.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Neha Khatoon, wife of Mahfooz Khan, D/o Ayub Khan, R/o villageSherpur, P.S.-Chakia, District-East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar No.Iii For the Opposite Party/s :

Mr.Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-01-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.C-58 of 2018 registered under Section 498A of the Indian Penal Code and under Section 3⁄4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that the petitioner is ready to keep his wife. The wife does not want to live with the petitioner.

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 the date of receipt/production of a copy of this order and the court below

Patna High Court Cr.Misc. No.80003 of 2018(2) dt.10-01-2019 2/2 shall enlarge the petitioner on provisional bail for six months, after issuing notice to the complainant, on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Motihari, East Champaran in connection with Complaint Case No.C-58 of 2018 (Trial No.2190 of 2018), subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and the court below shall make efforts for reconciliation between the husband and the wife. If the dispute is resolved and the petitioner keeps his wife properly, the provisional bail granted to the petitioner shall be confirmed and if the dispute is not resolved between the husband and the wife, the court below shall pass order in accordance with law on the provisional bail of petitioner immediately after lapse of six months. (Prabhat Kumar Jha, J) Harish/- U