Md. Samim @ Jiyarul @ Jiyarul Haque v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39640 of 2014 Arising Out of PS. Case No. -2327 Year- 2013 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ====================================================== Md. Samim @ Jiyarul @ Jiyarul Haque Son of Md. Manzoor Alam, Resident of Village-Dohari Simariya, Police Station-Korha,District- Katihar .... .... Petitioner

Versus

1. The State of Bihar

2. Safina Khatoon wife of Md. Jiyarul, D/o Tafjul Haque resident of village Hathiya Diyara, Police Station - Korha, District - Katihar .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Bimal Kumar, Advocate For the State : APP For Opposite Party No.2: Mr. Bidhan Chandra Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-02-2016 Heard learned counsel for the petitioner and learned APP for the State assisted by learned counsel for the opposite party no. 2.

2. The petitioner apprehends his arrest for the offence alleged under Section 498A read with Section 34 of the Indian Penal Code in connection with Complaint Case No. 2327 of 2013.

3. It is submitted that though the petitioner had expressed his willingness to keep the opposite party no. 2 with due dignity and honour, there are subsequent developments in this case and he has since given Talaq to opposite party no. 2.

4. Learned counsel for the opposite party no.2, on the

Patna High Court Cr.Misc. No.39640 of 2014 (5) dt.17-02-2016 2/2 other hand, reiterates the fact of torture having been inflicted upon the opposite party no. 2. He further states that the petitioner has not been appearing before the learned trial Court.

5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant anticipatory bail to the petitioner. The bail petition stands dismissed. (Vikash Jain, J) B.T/- U T