Naushad @ Naushad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75445 of 2019 Arising Out of PS. Case No.-26 Year-2019 Thana- MAHILA PS District- Aurangabad ====================================================== NAUSHAD @ NAUSHAD ALI Son of Ashraj Ali Resident of Muhalla - Mugalpura Sulemanganj, P.S.- Sasaram (Town), Distt.- Rohtas. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Rabia Praveen W/o Naushad, D/o Jamal Quarashi, Resident of Village - Quarashi Muhalla, P.S.- Aurangabad, Distt.- Aurangabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Learned counsel for the opposite party No. 2 is also present.

The petitioner apprehends his arrest in connection with Aurangabad Mahila P.S. Case No. 26/2019 registered for the offence punishable under Sections 498(A)/341/323/324/ 504/506/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The petitioner submits that he has come ready to take his wife with him to his place of posting. He further submits that he will keep his wife with full honour and dignity. The opposite party No. 2 (Rabia Praveen) wife of

Patna High Court CR. MISC. No.75445 of 2019(3) dt.11-12-2019 2/2 Naushad Ali, is also present and submits that she is will go with her husband and co-operate with him.

Considering the aforementioned, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Aurangabad in connection with Aurangabad Mahila P.S. Case No. 26 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. The petitioner as well as opposite party No. 2 are permitted to go together from this Court itself. It is, however, made clear that if at all, there is any recurrence of any act which will cause mental torture to the opposite party as well as the baby boy, it shall be open to her to take appropriate steps in accordance with law for cancellation of the present order.

(Anjana Mishra, J) Saif/- U T