Md. Sanaullah @ Sanaullah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35834 of 2016 Arising Out of PS.Case No. -285 Year- 2015 Thana -PHULPARAS District- MADHUBANI ====================================================== Md. Sanaullah @ Sanaullah Son of Md. Allauddin, Resident of Village Ekhara Baika, P.S Phulparas District Madhubani. .... .... Petitioner

Versus

1. The State of Bihar.

2. Sameeda Khatoon Wife of Md. Sanaullah at present of Resident of Village Dumara, P.S. Rudrapur, District Madhubani. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-08-2016 Heard learned counsel for the parties.

The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under sections 147, 341, 323, 504, 380, 498A, 307/34 of the Indian Penal Code.

The basic accusation is of torture.

It is submitted by the learned counsel for the petitioner that the petitioner admits his marriage with the informant and he is ready to keep the informant with full dignity and honour. Statement to that effect has been made in paragraph 7 of the petition. It is further submitted that no injury was caused to the informant.

Considering the present stand of the petitioner, let the

Patna High Court Cr.Misc. No.35834 of 2016 (2) dt.22-08-2016 abovenamed 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 bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.II, Jhanjharpur, District Madhubani in Phulparas P.S. Case No. 285/2015, G.R.No. 1743/2015, 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 informant for her appearance. On her appearance, the petitioner will take the informant to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities: (i) if the matrimonial harmony is substantially restored, (ii) if the informant fails to appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Surendra/- U