Md. Asab @ Abubakar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38411 of 2014 Arising Out of PS.Case No. -447 Year- 2013 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ====================================================== Md. Asab @ Abubakar, S/o Late Noordani Hazi, Resident of Village - Shalepur ( Maheshpur), P.S. - Falka, District - katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bibi Kamrun Nisha @ Kamleshwari, W/o Md. Asab, Resident of Village - Rajdhani (Naya Tola Pokhariya), P.S. - Falka, District - Katihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Pawan Kumar Singh, Advocate For the S t a t e : Mr. Jitendra Kr. Singh No.1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-03-2015 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is the husband of opposite party No.2. He is apprehending his arrest in connection with Complaint Case No.447 of 2013 for allegedly having committed the offences under Sections 498A/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that the allegation against the petitioner is out and out frivolous and there has been no element of torture on the complainant, rather he has been maintaining the children of the first husband of the complainant, who had gone traceless. Learned counsel for the petitioner has drawn my attention to paragraph 17 of this

Patna High Court Cr.Misc. No.38411 of 2014 (3) dt.11-03-2015 2/2 application, wherein it has been stated on affidavit that the petitioner is always ready to keep the complainant with full dignity and honour.

Considering the aforementioned submissions and also the fact that the petitioner is willing to keep the complainant with full dignity and honour, let the above named petitioner, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Katihar, in connection with Complaint Case No.447 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T