Md. Firoj Ahmad v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10271 of 2016 Arising Out of PS.Case No. -1224 Year- 2012 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================
1. Md. Firoj Ahmad S/O Md. Sagir Ahmed, resident of Village- Bhabua, P.S.- Bhabua, District- Kaimur.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Gulshan Khatoon, D/o Late Md. Kaishar, resident of Mohalla Kotha Toli Sasaram, P.S.- Sasaram (T), District- Rohtas. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Nandan Sahay For the Opposite Party/s : Mr. M.Rab(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-03-2016 The petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Section 498A, 120B of the Indian Penal Code.
The basic accusation is of torture.
It is submitted by learned counsel for the petitioner on instruction that 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 7 of the petition. The relevant portion of which reads as follows:- "..............the petitioner is always ready to keep the complainant as wife with
Patna High Court Cr.Misc. No.10271 of 2016 (2) dt.01-03-2016 2/2 full dignity and honour"
Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for six months on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Rohtas at Sasaram in connection with Complaint Case No. 1224 of 2015, Trial No. 1066 of 2015.
Let learned Court below issue notice to the complainant and fix a date for her appearance. On appearance, the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour. The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of six months (ii) If the complainant fails to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Shageer/- U T