Md. Haidar Nadaf vs The State Of Bihar
2021 Latest Caselaw 144 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.78897 of 2019
       Arising Out of PS. Case No.-20 Year-2019 Thana- DARBHANGA COMPLAINT CASE
                                        District- Darbhanga
     ======================================================

Md. Haidar Nadaf, aged about 24 years (Male), S/o of Intej Nadaf @ Intaj Nadaf, Resident of Village - Mahinam, P.S.- Bahera, Distt - Darbhanga.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Zaida Khatoon, Wife of Md. Haidar Nadaf, D/o Md. Fulo, Resident of Village - Mahinam, P.S.- Bahera, Distt - Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Prasad, Advocate For the State : Mr. Ramchandra Sahni, APP For the OP No. 2 : Mr. Madhav Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 15-01-2021

Heard Mr. Ashok Kumar Prasad, learned counsel for

the petitioner; Mr. Ram Chandra Sahani, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State and Mr. Madhav Jha, learned counsel for the opposite

party no. 2.

2. The petitioner apprehends arrest in connection with

Complaint Case C.R. No. 20 of 2019 dated 24.01.2019,

instituted under Sections 120-B/323/341/498-A/354-

B/379/504/34 of the Indian Penal Code and 3/4 of the Dowry

Prohibition Act.

3. Pursuant to earlier order, supplementary affidavit Patna High Court CR. MISC. No.78897 of 2019 dt.15-01-2021

has been filed on behalf of the petitioner in which has been

stated that the opposite party no. 2 has come to the matrimonial

home and is living without any complain.

4. Learned counsel for the opposite party no. 2 does

not deny the fact. However, he submitted that the Court may

safeguard her interest.

5. Learned APP submitted that in view of the opposite

party no. 2 having agreed to go and live with the petitioner,

though as a second wife, the Court may impose conditions so

that she can live peacefully in the matrimonial home.

6. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs.25,000/- (twenty five thousand)

with two sureties of the like amount each to the satisfaction of

the Sub-Divisional Judicial Magistrate, Benipur, Darbhanga, in

Complaint Case bearing C.R. No. 20 of 2019, subject to the

conditions laid down in Section 438(2) of the Code of Criminal

Procedure, 1973, and further (a) that the petitioner and the

bailors shall execute bond with regard to good behaviour of the

petitioner, and (b) that the petitioner also shall give an Patna High Court CR. MISC. No.78897 of 2019 dt.15-01-2021

undertaking before the Court that he shall keep the opposite

party no. 2 with him in the matrimonial home with full dignity,

honour and security and shall also take care of all her needs. He

shall also undertake that the opposite party no. 2 shall be free to

talk to, meet or visit anyone she desires without any let or

hindrance, either from the petitioner or any of his family

members. If there is any violation of the terms and conditions of

the bonds or the undertaking, the bail bonds of the petitioner

shall be cancelled.

7. Further, it shall be open to the opposite party no. 2

to file a petition before the Court below in the event there is any

violation of the terms and conditions of the bonds or

undertaking or if she otherwise feels threatened in the

matrimonial home. If such petition is filed, the Court below,

after giving an opportunity of hearing to the petitioner, shall

pass orders, latest within one month from the date of filing of

such petition. If it is found that the allegations levelled by the

opposite party no. 2 against the petitioner or his family members

are correct, the Court below shall cancel the bail bonds of the

petitioner.

8. Earlier, an affidavit by the senior Superintendent of

Police, Darbhanga, had been filed through Mr. Jharkhandi Patna High Court CR. MISC. No.78897 of 2019 dt.15-01-2021

Upadhyay, learned APP, who was assisting the Court at that

point of time.

9. Before parting, the learned APP has brought to the

notice of the Court that earlier, some action has also been

initiated against the SHO, Bahera PS, for not cooperating in the

exercise entrusted to him by the Court. It was submitted that

immediately upon the senior Officers having been informed, the

order has been fully complied with on 28.11.2020 in its true

letter and spirit resulting in the parties living together.

10. Having regard to the aforesaid, the Court will only

observe that it has not expressed any opinion on the issue and it

shall be open to the Disciplinary Authority to take a view in the

matter.

11. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T