Md. Manjar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7614 of 2016 Arising Out of PS.Case No. -1992 Year- 2013 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ======================================================

1. Md. Manjar Son of Full Muhmmad, Resident of Village - Forchhiya, P.S. - Sonbarsa, District - Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Md. Nur Hasan, Son of Late Md. Ayub, Resident of Village - Parshurampur, Tole Dhanhara, Ward No. 15, P.s. - Raja Parsauni, District - Sitamarhi.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Ashok Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-02-2016 Heard learned counsel for the petitioner and the State.

The petitioner being the husband of the daughter of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code.

The basis accusation is of torture.

It is submitted by learned counsel for the petitioner that the petitioner admits the marriage with the daughter of the complainant and he is ready to keep the victim as wife with full dignity and honour. Statement to that effect has been made in para- 8 of the petition which reads as follows:- "That the petitioner is unfortunate husband of the daughter of the

Patna High Court Cr.Misc. No.7614 of 2016 (2) dt.16-02-2016 complainant and ready to keep his wife with full honour and dignity."

Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sadar, Sitamarhi in connection with Complaint Case No. C1/1992/2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Let the learned court below issue notice to the daughter of the complainant on her appearance the petitioner will take the daughter of the complainant to keep her as wife with full dignity and honour.

The provisional bail of the petitioner will be confirmed within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the daughter of the complainant gets reluctant to reconcile the issue; and (iii) or if the daughter of the complainant fails to appear before the learned court. (Dinesh Kumar Singh, J) P.K./- U T