Md. Inam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34518 of 2016 Arising Out of PS.Case No. -3528 Year- 2015 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ======================================================

1. Md. Inam son of Late Usman Resident of Village- Sarbela, Police Station- Salkhua (O.P. Banma Itahri), District- Saharsa .... Petitioner

Versus

1. The State of Bihar.

2. Bibi Abrun Khatoon wife of Md. Inam, daughter of Late Farmood, Resident of Village- Baluahapur, Simri, Ward No.10, Police Station- Simri Bakhtiyarpur, District- Saharsa .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Md. Harun Quareshi, Adv. For the Opposite Parties : Mr. Shyameshwar Dayal, APP 63 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-08-2016 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail. The petitioner, being the husband of the complainant, apprehending his arrest in a case registered under Section 498A 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. Statement to the aforesaid effect has been made in paragraph no. 12, which read as follows :

"That the petitioner is always ready to keep the complainant with him with due honour and respect." It is, further, submitted that the complainant has divorced to the petitioner and this fact has been supported by the

Patna High Court Cr.Misc. No.34518 of 2016 (2) dt.16-08-2016 complainant and her brother before the Gram Kachahri in Gram Panchayat Proceeding No. 16 of 2015, which has been incorporated in the impugned order.

In that view of the matter, let learned Court below consider the prayer for regular bail of the petitioner as per the ratio laid down in the case of Salim Ansari Vrs. The State of Bihar, reported in 2015(3) P.L.J.R., 806 (Cr. Misc. No. 51075 of 2014. If the petitioner surrenders within a period of six weeks, in connection with Complaint Case No. 3528 of 2015 pending in the Court of the Chief Judicial Magistrate, Saharsa, let the same be disposed off preferably on the same day. (Dinesh Kumar Singh, J) SA/- U √ T √