Md. Imran @ Imran v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70151 of 2019 Arising Out of PS. Case No.-2880 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== MD. IMRAN @ IMRAN Son of Late Jahiruddin Resident of Village - Balua, P.S.- Jokihat, District- Araria ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Bibi Rojeeda Wife of Md. Imran, D/O - Md. Matiurrahman Presently residing at Village - Kheerdaha Tola, Boriya, P.S.- Jokihat, District- Araria ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Sharma For the Opposite Party/s :
Mr.Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2019 Heard learned counsel for the parties.
The petitioner is apprehending his arrest in connection with Complaint Case No.288-C/2018 registered for offences punishable under Sections 498A, 379 of the Indian Penal Code and Sections 3⁄4 of the D.P.Act.
Petitioner happens to be husband of the informant and there is allegation against him of demand of one Buffalo, T.V. and other articles and for that assaulting her and subjecting her to cruelty.
Submission of the learned counsel for the petitioner is that he is still ready to keep her with dignity and care and the allegations are false and concocted.
Patna High Court CR. MISC. No.70151 of 2019(2) dt.15-11-2019 2/3 Heard learned A.P.P. and perused the impugned order, from which it appears that the learned Sessions Judge has taken steps for reconciliation but the petitioner did not turn up for reconciliation..
Having heard both sides and spite of the above fact considering the nature of the case and stands of the petitioner, this application is disposed of with direction to the petitioner to surrender within a period of three weeks from the date of receipt of the order and on surrender he will be released on provisional bail in connection with Complaint Case No.288-C/2018 to the satisfaction of the learned court below . In the meantime, the learned court below shall issue notice to the complainant for her appearance and if she is ready to reside with the petitioner and the petitioner is also ready to keep her , his bail bond shall be extended for six months and during that period both the parties shall appear before the leaned court below so that the learned court below may watch conduct of both the parties and once being satisfied with the conduct of the parties, especially the conduct of the petitioner, bail bond of the petitioner shall be confirmed otherwise he is free to pass any other order or orders as may be deemed fit and proper, including cancelling his bail bonds.
Patna High Court CR. MISC. No.70151 of 2019(2) dt.15-11-2019 3/3 It is also made clear that if O.P.no.2 (complainant) does not appear before the learned court below or is not ready to reside with the petition, in that case his provisional bail granted to the petitioner shall be confirmed.
With the aforesaid direction, this application is disposed of.
(Vinod Kumar Sinha, J) chn/- U T