Aftab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81669 of 2019 Arising Out of PS. Case No.-127 Year-2019 Thana- RAMNAGAR District- West Champaran ====================================================== Aftab Alam S/o Late Sk. Yunus R/o village- Durganagar, Ward No. 7, P.S.- Ramnagar, District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rani Praveen W/o Aftab Alam R/o village- Durganagar, Ward No. 7, P.S.- Ramnagar, District- West Champaran. Presently residing as Daughter of Rauf Khan at Village Meghwal Mathiya, P.S.- Ram Nagar, District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Anant Kumar Mishra, Advocate For the State :

Mrs. Meena Singh, APP For Opp. Party No. 2 :

Mr. Md. Harun Qureshi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-10-2021 Heard learned counsel for the petitioner and learned APP for the State and learned counsel for the opposite party no.2 through video conferencing.

The petitioner seeks anticipatory bail in connection with Ramnagar P.S. Case No. 127 of 2019 registered for the offences under Sections 498A/34 of the Indian Penal Code and under Sections 3/ 4 of the Dowry Prohibition Act. Pursuant to the order dated 03.07.2020, notice was issued to opposite party no.2, who has appeared and filed her Vakalatnama.

In paragraph 11 of the bail petition, specific statement

Patna High Court CR. MISC. No.81669 of 2019(10) dt.22-10-2021 2/3 was made to the effect that the petitioner is ready to keep the opposite party no.2 with full honour and dignity. In such view of the matter, the petitioner is directed to visit his Sasural and take opposite party no.2 with him before 01.11.2021 and thereafter both the parties will file an application in the Court below that they have amicably settled their disputes and they are staying together. The petitioner will also provide a separate mobile phone and number to opposite party no.2 from which she can talk to her parents as and when she desires.

On filing of the aforesaid application by both the parties in the Court below, the Court below will release the petitioner on provisional bail for a period of three months on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, West Champaran at Bagaha in connection with Ramnagar P.S. Case No. 127 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. After completion of three months, both the parties will again appear before the learned Court below. The Court below will verify the conduct of both the parties and thereafter

Patna High Court CR. MISC. No.81669 of 2019(10) dt.22-10-2021 3/3 take a decision either to confirm the provisional bail or to cancel the same in the facts of the case.

Till filling of the application by both the parties in the Court below, the interim protection granted to the petitioner vide order dated 03.07.2020 shall continue to operate. With the aforesaid observations and directions, this bail petition is allowed.

(Sandeep Kumar, J) BT/- U T