Md. Ashique @ Md. Ashique Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16409 of 2021 Arising Out of PS. Case No.-1277 Year-2019 Thana- COMPLAINT CASE District- Araria ====================================================== Md. Ashique @ Md. Ashique Khan Son Of Shakil Khan Resident Of Village - Bansar, P.S.- Palasi, Dist.- Araria.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Bibi Farzaqna Khatoon W/o Md. Ashique @ Md. ashique Khan, D/O Nazib Khan Resident of Village - Bansar, P.S.- Palasi, Distt.- Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2022 Heard learned counsel for the petitioner, complainant and learned APP for the State.

The petitioner is apprehending his arrest in a complaint case wherein cognizance has been taken for the offences punishable under Section 498A of the Indian Penal Code.

The accusations is of torture and making assault for non-fulfillment of dowry demand and ousting the complainant from her matrimonial house.

It is submitted by learned counsel for the petitioner that the petitioner tried his best to resume the

Patna High Court CR. MISC. No.16409 of 2021(6) dt.29-08-2022 2/3 conjugal life with the complainant but the complainant did not agree to live with the petitioner. The petitioner is still ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 14 of the petition.

Learned counsel appearing on behalf of the complainant has submitted that petitioner is in habit of making assault to the complainant, hence, out of fear of his life, she is not ready to live with the petitioner at present.

Considering the aforestated facts, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Araria in connection with Complaint Case No. 1277(C) of 2019 P.S. Case No. 54 of 2021, subject to the conditions as

Patna High Court CR. MISC. No.16409 of 2021(6) dt.29-08-2022 3/3 laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Shageer/- U T