Meboob @ Mehboob v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39382 of 2015 Arising Out of PS.Case No. -210 Year- 2010 Thana -COMPLAINT CASE District- KISANGANJ ======================================================

1. Meboob @ Mehboob Son of Late Sanir @ Saniruddin Resident of Village- Bahikol (Sapatiya Bishanpur) Police Station- Kochadhaman, District- Kishanganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Noorjabi Begum Wife of Meboob @ Mahboob, Daughter of Late Sultan, Resident of Village- Bahikol, Police Station- Kochadhaman, District- Kishanganj, At present residing at Sapatiya Bishanpur Police Station- Kochadhaman, District- Kishanganj.

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Bisheshwar Ram(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-08-2015 Heard learned counsels for the petitioner and the State.

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.

It is submitted by learned counsel for the petitioner that complainant has performed marriage with one Mujammil Hayat, co-villager of the complainant though after being separated from the petitioner under valid Talaq. Considering the aforesaid facts, let the

Patna High Court Cr.Misc. No.39382 of 2015 (2) dt.27-08-2015 2/2 petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for six months on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Kishanganj in connection with Complaint Case No. 210 of 2010, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The provisional anticipatory bail of the petitioner will be confirmed by learned Court below on verification of the fact that complainant has performed second marriage. But, if learned Court below comes to a finding that complainant has not performed second marriage then petitioner will surrender and pray for regular bail. (Dinesh Kumar Singh, J) Shageer/- U T