Md. Abujar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32375 of 2015 Arising Out of PS.Case No. -4358 Year- 2014 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== Md. Abujar Son of Md. Rafique resident of village - Hasalganj Ituwa, P.S. Rautara, District - Katihar .... .... Petitioner/s
Versus
1. The State of Bihar
2. Bibi Tara Banu D/o Abdul Mannan, Wife of Md. Abujar at present residing at village - Paika Gola Kamalpur, P.S. Sadar Muffasil, Ranipatra, District - Purnea .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Parmanand Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-09-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A and 420 of the Indian Penal Code.
The basic accusation is of torture.
Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 6 of the petition
Patna High Court Cr.Misc. No.32375 of 2015 (3) dt.03-09-2015 2/3 which reads as follows:- "That it is relevant to mention here that the petitioner is still ready to keep his wife with full dignity."
Learned counsel for the complainant, on instruction, submits that the complainant is ready to accept the offer of the petitioner.
Both sides agree to appear before the learned court below on 1st of October, 2015 when the petitioner will take the complainant to keep her as wife with full dignity and honour. Considering the present stand of the parties, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Purnea in connection with Complaint Case No. 4358 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.
The grant of bail to the petitioner will not preclude the complainant to file an application for cancellation of bail of the petitioner if the petitioner violates the undertaking given
Patna High Court Cr.Misc. No.32375 of 2015 (3) dt.03-09-2015 3/3 before this Court.
(Dinesh Kumar Singh, J) Amrendra/- U T