Patna High CourtCR. MISC./78689/2018disposed

Md. Mobarak Hussain v. The State Of Bihar

2019-01-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78689 of 2018 Arising Out of PS. Case No.-75 Year-2018 Thana- BAUSI District- Araria ====================================================== Md. Mobarak Hussain Son of Md. Siraj Ali Resident of Village-Lathari,Ward No.06,P.S. Bausi,distt.-Araria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2019 This application, for grant of anticipatory bail, arises out of Bousi P.S. Case No. 75/2018, disclosing offences under Sections 341, 324, 323 and 498A of the Indian Penal Code. Petitioner is husband of the informant and allegation against her is of subjecting the informant to cruelty and torture in connection with demand of dowry of Rs. One lakh. Submission of learned counsel for the petitioner is that whole prosecution case is false and concocted and as a matter of fact the informant herself does not want to live in her matrimonial house and due to which this present false case has been filed. The petitioner is always ready to keep the informant with full honour and dignity as a wife.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.78689 of 2018(2) dt.10-01-2019 2/2 circumstances of the case, this application is disposed of with direction to the petitioner to surrender in the court below within a period of six weeks and on his surrender the court below shall release him on provisional bail for a period of two months and in the meantime, the court below will notice the petitioner and the informant and try to reconcile the matter between petitioner and informant and if the reconciliation fails and it is found that there is no fault on the part of the petitioner, the court below shall confirm the provisional bail of the petitioner, otherwise, he is free to pass any order as he deems fit and proper. With the above observation and direction, this application is disposed of.

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