Md. Kamaluddin Ansari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7075 of 2015 Arising Out of PS.Case No. -1475 Year- 2014 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ======================================================

1. Md. Kamaluddin Ansari Son of Jalaluddin Ansari Resident of village - Alaula, P.O. + P.S. Kalyanpur, District - East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sayra Khatoon W/o Md. Kamaluddin Ansari, D/o Abdul Kayum Ansari R/o vill. Kalyanpur, P.O. + P.S. Kalyanpur, District - East Champaran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar, Advocate. For the Opposite Party/s : Mr. Anuj Kumar Srivastava (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-02-2015 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 1475-C of 2014, corresponding to Tr. No. 1167 of 2014, registered for the offences punishable under Sections 498A, 323, 379, 406 and 494 of the Indian Penal Code.

The petitioner is the husband and the wife made allegation against the petitioner that he subjected her to physical and mental torture although she was married to the petitioner in the year 2004. She has got three children. The wife also made allegation that her husband solemnized second marriage. Learned counsel for the petitioner denied the factum of second marriage and submits that the petitioner is ready to keep

Patna High Court Cr.Misc. No.7075 of 2015 (2) dt.20-02-2015 2/2 his wife on any undertaking.

Considering the facts aforesaid, the petitioner is directed to surrender in the court below and the court below shall enlarge the petitioner on provisional bail, after issuing notice to the informant, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Learned Judicial Magistrate, Ist Class, Motihari, East Champaran in connection with Complaint Case No. 1475-C of 2014, corresponding to Tr. No. 1167 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and the court below shall make efforts for reconciliation between the husband and the wife. If the dispute is resolved, the provisional bail granted to the petitioner shall be confirmed and if the dispute does not resolved the court below shall pass order in accordance with law.

(Prabhat Kumar Jha, J.) KKSINHA/- U T