Md. Asfak v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12771 of 2015 Arising Out of PS.Case No. -24 Year- 2014 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Md. Asfak Son of SK. Tahir @ Tahir Hussain resident of village - Warahi Jagdish, P.S. Purnahiya, District - Sheohar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Najrana Khatoon Wife of Md. Asfak, Daughter of Nesar Alam resident of village - Bara Shankar Mahammadpur, P.S. Patahi, District - East Champaran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. Bhanu Pratap Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06/ 22-09-2015 Heard learned counsels for the petitioner and the State.

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

The basic accusation is of torture.

A joint affidavited petition has been filed to the effect that the petitioner and the complainant have decided to part ways on payment of permanent alimony of Rs.2,00,000/-.

Patna High Court Cr.Misc. No.12771 of 2015 (6) dt.22-09-2015 2/2 They also decided to file similar application of compromise in the present complaint case as well as maintenance proceeding. Learned counsels for the petitioner and the complainant admit that the entire payment has already been made.

In view of the above facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Sikarhana at Motihari in connection with Complaint Case No. C-24 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

DKS/ (Dinesh Kumar Singh, J.) U T