Md. Saffique Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28661 of 2014 Arising Out of PS.Case No. -3 Year- 2014 Thana -PURNEA SADAR District- PURNIA ======================================================

1. Md. Saffique Alam Son of Md. Allauddin Resident of Village - Sangalpur, P.S. - Kadwa, Distt. - Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Hasina Khatoon, W/o Md. Saffique, D/o Jakir Hussain, resident of Kachna Mahendrapur, P.S.- Sadar Muffasil, District- Purnea. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vikram Singh, Advocate For the Opposite Party/s : Mr. Uma Nath Mishra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-04-2015 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 323, 307, 406, 120B of the Indian Penal Code.

The basic accusation is of torture by making assault.

On instruction it is submitted by the learned counsel for the petitioner that the petitioner is ready to keep the informant as wife with full dignity and honour. Statement to that effect has been made in para-9 of the petition. The informant has appears on notice being issued on 09.12.2014.

Learned counsel for the informant submits that the

Patna High Court Cr.Misc. No.28661 of 2014 (3) dt.02-04-2015 informant is ready to accept the offer of the petitioner. Both the petitioner and informant appear before the learned court below on 27th of April, 2015 when the petitioner will take the informant 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 provisional anticipatory bail for one year in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Sadar (Mufassil) P.S. Case No. 03 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The provisional bail of the petitioner will be confirmed within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the complainant gets reluctant to reconcile the issue; and (iii) or if the complainant fails to appear before the learned court.

(Dinesh Kumar Singh, J) P.K./- U T