Patna High Court
Md. Aslam vs The State Of Bihar on 25 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 78968 of 2019
Arising Out of PS Case No.-195 Year-2019 Thana- KOCHADHAMAN District- Kishanganj
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Md. Aslam, aged about 30 years, Male, Son of Matiur Rahman, Resident of
Village- Rangamani, Majhgama, P.S.- Kochadhaman, District- Kishanganj.
... ... Petitioner/s
Versus
1. The State of Bihar
2. B.B. Angustari Begum, aged about 25 years, Female, Wife of Md. Aslam,
Resident of Village- Rangamani, Majhgama, P.S.- Kochadhaman, District-
Kishanganj.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Advocate
For the State : Mr. Suresh Prasad Singh, APP
For the O P No. 2 : Mr. Ram Prawesh Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL JUDGMENT
Date : 25-01-2021
Heard Mr. Pankaj Kumar, learned counsel for the
petitioner; Mr. Suresh Prasad Singh, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State and
Mr. Ram Prawesh Kumar, learned counsel for the opposite party
no. 2.
2. The petitioner apprehends arrest in connection with
Kochadhaman PS Case No. 195 of 2019 dated 10.07.2019,
instituted under Sections 498A/34 of the Indian Penal Code and
3/4 of the Dowry Prohibition Act.
3. The petitioner is the husband of opposite party no. 2
and the allegation is that he used to regularly abuse, assault and
torture the opposite party no. 2, despite three children being born
Patna High Court CR. MISC. No.78968 of 2019 dt.25-01-2021
out of the wedlock and further demanded cash, gold, silver and a
motorcycle.
4. The Court has earlier granted interim protection to the
petitioner and on the plea that he was ready to take back the
opposite party no. 2 and his three children and keep them with
him. However, despite repeated opportunity, the exercise was not
done and finally by way of last and extraordinary indulgence,
when the matter was taken up on 08.01.2021, it was adjourned for
today. The Court had also made it clear in the order that if today
affidavit showing completion of the exercise as undertaken by the
petitioner is not on record, the Court shall presume that there has
been deliberate and willful breach of the stand taken on behalf of
the petitioner.
5. Today, learned counsel for the petitioner as well as
opposite party no. 2 submitted that they have not filed affidavit.
6. However, the stand is that the opposite party no. 2
and her three children had gone back to the matrimonial home.
7. As it is common ground between learned counsel for
the petitioner and learned counsel for the opposite party no. 2 that
the petitioner has taken back the opposite party no. 2 with him to
the matrimonial home, in the event of arrest or surrender before
the Court below within six weeks from today, the petitioner be
Patna High Court CR. MISC. No.78968 of 2019 dt.25-01-2021
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 learned Chief Judicial Magistrate,
Kishanganj in Kochadhaman PS Case No. 195 of 2019 subject to
the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973.
8. Further, at the time of granting bail, the Court below
shall ensure that the petitioner gives an undertaking that he shall
keep the opposite party no. 2 and three children with him with full
dignity, honour and security and shall also take care of all their
needs. Further, he shall undertake that the opposite party no. 2 and
his three children would be allowed to meet, talk to and visit
anyone they desire without any let or hindrance, either from the
petitioner or his family members. Any violation of the terms and
conditions of the bonds or the undertaking shall lead to
cancellation of his bail bonds.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
