Md. Jamshaid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82932 of 2019 Arising Out of PS. Case No.-240 Year-2019 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Md. Jamshaid, aged about 27 years (Male), son of Md. Jumyati, resident of village- Budhauli, P.S. - Bochahan, Distt- Muzaffarpur. ... ... Petitioner

Versus

1. The State of Bihar.

2. Farjan Khatoon, Daughter of late Noor Alam. At present resident of villageBudhauli, P.S.- Bochahan, District- Muzaffarpur. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Anish Kumar, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, Advocate For Opposite Party No.2 :

Mr. Md. Kamran, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-10-2021 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Bochahan P.S. Case No. 240 of 2019 (G.R. No.3427 of 2019) for the offence punishable under Sections 341, 323, 504, 506 and 498-A of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act.

It is submitted by learned counsel for the opposite party no.2 that opposite party no.2 is living with petitioner in her matrimonial home but she still being tortured by the petitioner.

In these circumstances, the petitioner is directed to mend his ways and both the parties will file an application in the Court below that they have amicably settled their disputes. The petitioner will also provide a separate mobile phone and mobile number to opposite party no.2 from which she can talk to her

Patna High Court CR. MISC. No.82932 of 2019(6) dt.28-10-2021 2/2 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 A.C.J.M., 14th, Muzaffarpur, in connection with Bochahan P.S. Case no. 240 of 2019 (G.R. No.3427 of 2019), subject to the condition 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 take a decision either to confirm the provisional bail or to cancell 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 no.1 vide order dated 13.12.2019 shall continue. With the aforesaid observations and directions, this bail petition is allowed.

(Sandeep Kumar, J) pawan/- U T