Md. Jabbar Ansari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50623 of 2014 Arising Out of PS.Case No. -1040 Year- 2012 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ======================================================

1. Md. Jabbar Ansari S/o Md. Raja Miaya, R/O Village- Tadanwa, P.S.- Darihat, District- Rohtas .... .... Petitioner/s

Versus

1. The State of Bihar

2. Tarannum Pravin W/o Md. Jabbar Ansari D/O Md. Kalam Ansari R/O Village- Tadanwa, P.S.- Darihat, District- Rohtas at present Residing at Village- Muhalla- Azad Nagar (Tikari), P.O.+P.S.+District- Aurangabad .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lal Bahadur Singh For the Opposite Party/s : Mr. Dr.Kr.Uday Pratap(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-08-2015 The petitioner being husband of the complainant is apprehending his arrest in Complaint Case No. 1040 of 2012 wherein after process was issued cognizance being taken under section 498(A) of the Indian Penal Code.

Notices were issued to O.P. party no.2 vide order dated 19.05.2015. The office note dated 06.08.2015 reflects that the registered cover notice was returned with report of the postal peon that the service could not be made since the address is incomplete. It is submitted by the learned counsel for the petitioner that notices were sent on the address mentioned in the complaint petition. Though the service report of ordinary process

Patna High Court Cr.Misc. No.50623 of 2014 (3) dt.07-08-2015 2/2 of notice has not been received.

In the circumstances notice is treated to be deemed service.

It is submitted by the learned counsel for the petitioner that petitioner is ready to keep the complainant with full dignity and a statement to that effect has been made in para eleven of the application which reads as follows:- "That petitioner is ready to keep her with full dignity and respect and love"

Considering the nature of accusation the above named petitioner in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of S.D.J.M, Aurangabad in connection with Complaint Case No. 1040 of 2012, subject to the conditions as laid down under section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) M.Rahman/- U T