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Md. Aftab vs The State Of Bihar on 22 July, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23376 of 2019
Arising Out of PS. Case No.-147 Year-2016 Thana- BOCHAHAN District- Muzaffarpur

Md. Aftab, Son of late Md. Mojim Resident of Village-Balthi, Rasulpur, P.S.-
Bochahan, District- Muzaffarpur.

… … Petitioner/s
Versus

1. The State of Bihar

2. Jinat Fatma, Wife of Md. Aftab presently residing with her father at Village-

Ratanpura, P.S.- Bochahan, District- Muzaffarpur.

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Hari Kishore Thakur, Advocate
For the State : Mr. Ram Anurag Singh, Advocate
For the O.P. No. 2 : Mr. Chandra Shekhar Anand, Advocate

CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 22-07-2019

Heard learned counsel for the petitioner; learned APP for

the State and learned counsel for the opposite party no. 2.

2. The petitioner apprehends arrest in connection with

Bochahan P.S. Case No. 147 of 2016 dated 14.09.2016 instituted

under Sections 341/Section323/Section498A/Section34 of the Indian Penal Code and 3/4

of the SectionDowry Prohibition Act.

3. The allegation against the petitioner, who is the

husband of the opposite party no. 2, is of torture and demand of

dowry.

4. Learned counsel for the petitioner submitted that

without going into the merit, he is ready to keep the opposite party
Patna High Court CR. MISC. No.23376 of 2019 dt.22-07-2019
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no. 2 along with the child born out of the wedlock with him with

full dignity, honour and security.

5. Learned counsel for the opposite party no. 2

submitted that she is also ready to go and live with the petitioner.

6. In view thereof, the petitioner is directed to file an

undertaking before the Court below that he shall keep the opposite

party no. 2 and the daughter with him in the matrimonial home

with full dignity, hounour and security and that he shall take care

of all their needs, including medical expenses. The petitioner shall

ensure that the opposite party no. 2 and her child is not harassed or

ill treated either by himself or by any of his family members, who

reside in the matrimonial home. The opposite party no. 2 shall be

free to talk to, call, meet and visit her relatives without any let or

hindrance, either from the petitioner or his family members.

7. The parties agree that the petitioner and the opposite

party no. 2, along with her child, shall appear before the Court

below on 5th August, 2019. Upon doing so, the Court would record

the fact and also take the undertaking from the petitioner. The

Court would then fix dates at fortnightly intervals when the

petitioner and the opposite party no. 2 shall appear before the

Court, which would ascertain the conduct of the parties and the
Patna High Court CR. MISC. No.23376 of 2019 dt.22-07-2019
3/3

same shall be recorded in the order sheet. Said exercise would be

carried out for the next four months.

8. Upon the said being done, the provisional anticipatory

bail earlier granted to the petitioner by order dated 11.04.2019

shall stand confirmed.

9. However, even after that, in the event there is any

violation of the terms of this order or of the terms of the

undertaking given by the petitioner, the opposite party no. 2 shall

be free to file an application. If such an application is filed, the

Court below shall consider the same and after hearing the parties

pass appropriate orders. If it is found that there has been any

violation by the petitioner, his bail bonds shall be cancelled and he

shall be taken into custody and the present application would be

deemed to have been dismissed.

10. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR
U
T

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