IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31903 of 2011
Md. Qismat, son of Late Md. Shabbir, resident of village - Sograha, P.S. -
Barauni, District - Begusarai.
-------- Petitioner.
Versus
1. The State of Bihar
2. Noor Jahan, wife of Md. Qismat, D/o - Md. Mukhtar, resident of
village - Chhat Sandapur, P.S. - Sahebpur Kamal, District -
Begusarai.
--------Opposite Parties.
******
03. 21.10.2011 Heard learned counsel for the petitioner, learned counsel
for the complainant and learned Additional Public Prosecutor for the
State.
The petitioner apprehends his arrest in connection with
Complaint Case No. 2006(C)/2009 for offences under Sections
498(A)/406/307/504 of the Indian Penal Code and 3/4 of the Dowry
Prohibition Act.
Submission is that petitioner is ready and willing to resume
and continue matrimonial relationship with the complainant who is his
one and only wife. Learned counsel representing complainant submits
that she is also ready to resume family life.
Considering the facts and circumstances of the case, in the
event of parties filing joint petition of compromise or the petitioner
filing an application before the court below stating such intention, in
the event of his arrest or surrender within a period of four weeks, let
the above-named petitioner be enlarged on bail on furnishing bail bond
of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like
amount each to the satisfaction of Sub-Divisional Judicial Magistrate,
Begusarai, in connection with Complaint Case No. 2006(C)/2009,
subject to condition under section 438(2) of the Code of Criminal
Procedure, and additional condition to attend the court regularly till
disposal of the case, in the event of failure on two consecutive dates,
without any reasonable explanation, the privilege granted shall be
deemed to be cancelled, further additional condition in case of filing
individual petition on behalf of the petitioner the court below on
getting positive response from the complainant or on filing joint
petition of compromise permit the parties to reside at their place of
choice and report personally on the date fixed for the purpose and only
after being satisfied of their conduct for a reasonable period court
below shall pass appropriate order in accordance with law.
( Akhilesh Chandra, J.)
Rajeev/-