Akhtar Mansoori v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29364 of 2014 Arising Out of PS.Case No. -917 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR ======================================================

1. Akhtar Mansoori S/o Sadik Mansoori Resident of Village Hindu Chakiya, P.S. Bara Chakiya, District East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shakila Khatoon D/o Md. Idirish Resident of Village Semra Nizamat, P.S. Sahebganj, District Muzaffarpur.

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Anil Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 31-03-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. No one appears on behalf of opposite party No. 2 though she had already received notice issued by this court.

The petitioner apprehends his arrest in connection with Complaint Case No. C-917 of 2013 in which, cognizance has been taken for the offence punishable under Section-498A of the Indian Penal Code.

The petitioner happens to be husband of opposite party No. 2 and according to complaint case itself, marriage of the petitioner was solemnized with the opposite party No. 2 in the

Patna High Court Cr.Misc. No.29364 of 2014 (3) dt.31-03-2015 2/2 year, 2003 whereas; the present complaint case was filed near about after 10 years of the marriage.

The contention on behalf of the petitioner is that the petitioner is ready to keep the opposite party No. 2 with full honour and dignity but it is the opposite party No. 2, who does not want to lead her conjugal life with the petitioner and that is the reason, even after issuance of notice to her, she did not choose to appear before this court.

Considering the aforesaid facts and circumstances as well as submission of the parties, let the petitioner named above, in the event of his arrest or surrender within four weeks from the date of receipt/production of copy of order in the court below, 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-917 of 2013 to the satisfaction of Sri Sanjeev Kumar Singh, Judicial Magistrate-Ist Class, Bhagalpur. (Hemant Kumar Srivastava, J) A.K.V./- U T