Md. Mubarak v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35635 of 2016 Arising Out of PS.Case No. -4577 Year- 2014 Thana -MADHEPURA COMPALINT CASE District- MADHEPURA ======================================================

1. Md. Mubarak Son of Md. Abdul Rajjak Resident of Village- Gopinagar Parsa, Ward No. 1, P.O. Kamalpur, P.S. Barhara Kothi, District Purnea,. .... .... Petitioner/s

Versus

1. The State of Bihar null null

2. Sabana Khatoon W/o Md. Mubarak, D/o Md. Jamil at Present resident of Sagardina, P.S. Bihariganj, District Madhepura,. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-08-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which processes were directed to be issued after cognizance being taken under Sections 323,379 and 498A/34 of the Indian Penal Code.

The basic accusation is of torture.

On instruction it is submitted that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour.

Patna High Court Cr.Misc. No.35635 of 2016 (2) dt.22-08-2016 2/3 Statement to the aforesaid effect has been made in paragraph no. 11 of the petition which reads as follows: " That the petitioner is ready to keep the complainant with all dignity and honour."

Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for six months in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Udakishunganj (Madhepura) in connection with Complaint Case No. 4577 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the complainant and on her appearance the petitioner will take the complainant to keep her as wife with full dignity and honour.

The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities - (i) if the matrimonial harmony is substantially restored or (ii) if the complainant fails to appear before the learned court

Patna High Court Cr.Misc. No.35635 of 2016 (2) dt.22-08-2016 3/3 below or (iii) if the complainant deliberately gets reluctant to reconcile the issue.

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