Md. Tabrej v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80581 of 2019 Arising Out of PS. Case No.-900 Year-2017 Thana- COMPLAINT CASE District- Araria ====================================================== MD. TABREJ Son of Md. Mustak Resident of Village- Kankhudiya, P.S.- Jalalgarh, District- Purnia.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Bibi Roshni Daughter of Manzoor Resident of Village- Rajokhar, P.S.- Araria R.S., District- Araria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-12-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 900C/17, disclosing offences under Section 498A, 354-B of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Petitioner happens to be husband of the complainant and allegation against him is of subjecting the complainant to cruelty in connection with demand of dowry of Rs. One Lakh and ousted her from the house and there is also allegation against the father in law of trying to outrage her modesty.

Submission of learned counsel for the petitioner is that all the allegations are false and concocted and he is 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

Patna High Court CR. MISC. No.80581 of 2019(2) dt.

10-12-2019 2/2 circumstances of the case and the stand of the petitioner, this application is disposed of with direction to the petitioner to surrender before the court below within a period of three weeks from the date of receipt of a copy of this order, on which, the court below shall release the petitioner on provisional bail and in the meantime, he will issue notice to complainant and on her appearance, if she is ready to reside with the petitioner and if the petitioner is ready to keep her, the court below shall extend the provisional bail of the petitioner for a period of six months and and in the meantime, the court below will watch the conduct of the parties by calling the complainant and petitioner in the first 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 petitioner, he will confirm the provisional bail of the petitioner or he will pass any appropriate order as he deems fit and proper including cancellation of provisional bail of the petitioner.

It is also made clear that if the complainant - opposite party no. 2 does not appear in the court below or on appearance, she refused to live with the petitioner without any reason, in that situation, also the court below shall confirm the provisional bail of the petitioner.

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