Patna High CourtCR. MISC./71047/2019disposed

Md. Hassan Mansoori v. The State Of Bihar

2019-11-07Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71047 of 2019 Arising Out of PS. Case No.-2 Year-2019 Thana- PARIHAR District- Sitamarhi ====================================================== 1.

MD. HASSAN MANSOORI Son of Md. Kasim Resident of VillageBhawanipur, P.S-Parihar, District-Sitamarhi. 2.

Md. Hussain Mansoori @ Md. Irshaid Son of Md. Kasim Resident of Village-Bhawanipur, P.S-Parihar, District-Sitamarhi. ... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

Guriya Khatoon Wife of Md. Hassan Mansoori Presently residing at villageGangaur, P.S.-Harlakhi, District-Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-11-2019 This application, for grant of anticipatory bail, arises out of Parihar P.S. Case No. 02 of 2019, disclosing offences under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Petitioner happens to be husband and father in law of the informant and allegation against them is of subjecting the informant to cruelty in connection with demand of dowry. Submission of learned counsel for the petitioners is that all the allegations are false and concocted and they are still ready to keep the informant with full honour and dignity. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with

Patna High Court CR. MISC. No.71047 of 2019(2) dt.07-11-2019 2/2 direction to the petitioners to surrender in the court below within a period of three weeks' from the date of receipt of a copy of this order and, thereafter, the court below shall release the petitioner no. 2 on bail to his own satisfaction and so far petitioner no. 1 is concerned, he will release him on provisional bail on furnihsing bail bonds to his own satisfaction, and call upon the informant and if she is ready to reside with the petitioner no. 1 -husband, the court below shall extend the provisional bail of the petitioner no. 1 for further period of six months and in the meantime, the court below will watch the conduct of the parties by calling the informant and petitioner no.

1 in the fourth week of each month for a period of six months and after six months, if the court below is satisfied with the conduct of the parties specially the conduct of the petitioner no. 1, he will confirm the provisional bail of the petitioner no. 1 otherwise, he is free to pass any order/orders as he deems fit and proper including cancellation of provisional bail of the petitioner no. 1. It is made clear that if the complainant on notice does not appear or after appearance, she is not ready to reside with the petitioner without any cogent reasons, in that situation also, the provisional bail of the petitioner no. 1 shall be confirmed.