Khurshid Mansuri @ Md. Khursid Mansoori v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32756 of 2014 Arising Out of PS.Case No. -389 Year- 2013 Thana -COMPLAINT CASE District- SHEOHAR ====================================================== Khurshid Mansuri @ Md. Khursid Mansoori .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shankar Kumar For the Opposite Party/s : Mr. S.N Shukla(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-02-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as also heard learned counsel for the complainant.

The petitioner apprehends his arrest in connection with Complaint Case No. C-1/389/13 in which cognizance has been taken under Section-498A of the Indian Penal Code. Admittedly, the marriage of the petitioner was solemnized with the complainant 12 years ago and after marriage, the complainant gave birth to 6 children.

It appears from perusal of impugned order of learned Sessions Judge that the complainant does not want to reside with the petitioner on the ground that the petitioner has solemnized his second marriage whereas; the petitioner is not ready to maintain the complainant and her children because they are residing in

Patna High Court Cr.Misc. No.32756 of 2014 (2) dt.09-02-2015 2/2 parental house of the complainant. The petitioner has already filed a suit for restitution of his conjugal right. Considering the above-said facts and circumstances as well as submission of the parties, this anticipatory bail petition is allowed and it is ordered that the petitioner named-above, in the event of arrest or surrender in the court below within four weeks from today, shall be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Complaint Case No. C-1/389/13 to the satisfaction of Sub Divisional Judicial Magistrate, Sheohar. (Hemant Kumar Srivastava, J) A.K.V./- U T