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Patna High CourtCR. MISC./31834/2014

Md. Mishbaul Haque v. The State Of Bihar

2015-02-03Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31834 of 2014 Arising Out of PS.Case No. -363 Year- 2013 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ======================================================

1. Md. Mishbaul Haque S/o Late Md. Adud Resident of Village Bakatpur, P.S. Kanti, District Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Mr. Ajay Kumar 1(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-02-2015 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 341, 452, 323, 324, 498A and 379 of the Indian Penal Code.

Accusation is of torture and committing theft. 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. Learned counsel for the informant submits that the informant is ready to accept the offer of the petitioner. Both the petitioner and informant shall appear before the learned court below on 23rd of February, 2015 when the

Patna High Court Cr.Misc. No.31834 of 2014 (2) dt.03-02-2015 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 Sub-Divisional Judicial Magistrate, West Muzaffarpur in connection with Kanti P.S. Case No. 363 of 2013, 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