Ashmullah Shah @ Ashmullah Dewan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80290 of 2018 Arising Out of PS. Case No.-42 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Ashmullah Shah @ Ashmullah Dewan, Son of Salauddin Shah, Resident of Village- Shekhwa Tola, P.S. Adapur, Distt.- East Champaran. ... ... Petitioner

Versus

1.

State Of Bihar 2.

Reshma Khatoon, Wife of Ashmullah Sah @ Ashmullah Dewan, D/o Shamshul Hoda Shah, Resident of Village- Jamunapur, P.S Adapur, Distt.- East Champaran.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-03-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. C-42 of 2018, corresponding to Trial No. 2673 of 2018, in which cognizance has been taken under Sections 323 and 498A of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

Allegation against the petitioner is of subjecting the complainant to cruelty and harassment with respect to demand of dowry.

Submission of learned counsel for the petitioner is that he is still ready to keep the complainant with him and, on the other hand, learned counsel for the complainant has submitted that she is ready to reside with the petitioner if she is allowed to live with dignity and care.

Patna High Court CR. MISC. No.80290 of 2018(3) dt.07-03-2019 2/2 Heard learned APP also.

In such view of the matter, let petitioner, above named, surrender in the court below within a period of six weeks from the receipt of his order with a petition that he is ready to keep the complainant with him and in that event, he will be released on provisional bail to the satisfaction of the court below and the court below will issue notice to wife-opposite party No.2 and on her appearance make an effort for reconciliation and if the court below finds that petitioner is ready to keep his wife, the court below will allow them to live together and watch their conduct for six months by calling both petitioner and complainant to appear in court in first week of every month and the court below shall watch their conduct and once the court below is satisfied with the conduct of both parties, the bail bond of the petitioner shall be confirmed by the court below, otherwise the court below is free to pass any other order(s) as it may deem fit and proper, including cancellation of bail bonds. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T