Md. Asfaque Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68909 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- MAHILA P.S. District- Madhubani ====================================================== MD. ASFAQUE AHMAD Son of Md. Saud Ahmad Resident of VillagePiprahi, P.S.- Ladaniya, District-Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Mahila P.S.Case No.31 of 2019 registered for offences punishable under Sections 323, 341, 498(A)/34 of the Indian Penal Code and Section 3⁄4 of the D.P.Act..

As per FIR, petitioner happens to be husband of the informant and there is allegation of demand of dowry and for that torturing her and also threatening that he will marry with another lady.

Submission of the learned counsel for the petitioner is that the whole allegation is false and concocted and he is still ready to keep her with dignity and care.

Heard learned A.P.P. and the learned counsel for the informant, who has submitted that there is continuous demand

Patna High Court CR. MISC. No.68909 of 2019(3) dt.20-11-2019 2/3 from the petitioner and earlier also the demand was fulfilled and now the petitioner is accused in one more case of kidnapping and in spite of that informant is ready to reside with petitioner if she is allowed to live with dignity and care. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner surrender on 05.12.2019 and on that day O.P.no.2 shall also remain present in the court below and on appearance of both the parties and on filing of the affidavit by the petitioner that he will take her from the court below itself and will keep her with dignity and care, the petitioner shall be released on provisional bail in connection with Mahila P.S.case No.

31 of 2019 for a period of ten months to the satisfaction of court below and during that period, both the parties have to appear before the learned court below in the third week of each month so that the learned court below may watch the conduct and matrimonial relationship between the parties an once being satisfied with the conduct of both the parties and their matrimonial relationship especially the conduct of the petitioner, the bail bond of the petitioner shall be confirmed otherwise the learned court below is free to pass any other order or orders as he deems fit and proper including cancelling the bail bond of the petitioner.

Patna High Court CR. MISC. No.68909 of 2019(3) dt.20-11-2019 3/3 With the aforesaid direction, this application is disposed of.

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