Md. Khurshid v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36831 of 2018 Arising Out of PS.Case No. -3235 Year- 2015 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Md. Khurshid, Son of Late Md. Suleman, Resident of Mohalla- Maripur, I.V. Road, Police Station- Kosi-Mohammadpur, District- Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Israt Parween, Wife of Md. Khurshid, Daughter of Md. Nathuni Miyan, Resident of Village- Kanchanpur, Police Station- Bidupur, DistrictVaishali. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mazharul Hassan For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 28-06-2018 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 process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code.
The prosecution case as per the complaint petition is that the marriage of the complainant was solemnized on 07.04.2013 but subsequently further demand of Rs.60,000/- and motorcycle was made. It was also alleged that the accused
Patna High Court Cr.Misc. No.36831 of 2018 (2) dt.28-06-2018 persons snatched all the jewellery and clothes of the complainant.
It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. Statement to that effect has been made in paragraph 8 of the petition, which reads as follows:- "That the petitioner is ready to keep her wife with full dignity and as provide the law."
Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for six months 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 Additional Chief Judicial Magistrate, Vaishali at Hajipur in connection with Complaint Case No. 3235 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Let the learned Court below issue notice to the complainant and on her appearance the petitioner will take the complainant to keep her as wife with full dignity and honour.
Patna High Court Cr.Misc. No.36831 of 2018 (2) dt.28-06-2018 The provisional bail of the petitioner will be confirmed 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 below.
(Dinesh Kumar Singh, J) DKS/- U T