Md. Khursheed Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38915 of 2015 Arising Out of PS.Case No. -449 Year- 2013 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ======================================================

1. Md. Khursheed Alam S/o Md. Mahrul Abdul Resident of Village Manohari, P.S. Barsoi, District Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Noorgeba Khatoon W/o Md. Khursheed Alam, D/o Md. Razul R/o Manohari, P.s. Barsoi, District Katihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Ashraf Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-02-2016 Petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code.

The basic accusation is of torture.

The petitioner and the complainant are present.

It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the complainant and birth of two children but it is the complainant who deserted the petitioner and therefore the petitioner divorced the complainant as per muslim rite.

Learned counsel for the complainant submits

Patna High Court Cr.Misc. No.38915 of 2015 (4) dt.15-02-2016 2/2 that complainant disputes the factum of divorce and now the petitioner has performed second marriage. Though complainant is still ready to resume the conjugal life but petitioner is not ready to resume the conjugal life.

In the circumstance, let learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Complaint Case No. 449 of 2013, pending in the Court of learned Chief Judicial Magistrate, Katihar.

With the observations above, the application stands disposed off.

(Dinesh Kumar Singh, J) Shageer/- U T