Md. Zumman v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25293 of 2015 Arising Out of PS.Case No. -2772 Year- 2013 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Md. Zumman Son of Md. Islam, Resident of village- Sisona Araria Zero Mile, P.S. Araria, District- Araria .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rehana Khatoon Daughter of Md. Aianul wife of Md. Zumman Resident of village- Dallu Tola Godiyara Ward No. 18 Forbisganj, P.S. Forbisganj, District- Araria .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar For the Opposite Party/s : Mr. Dinesh Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 07-12-2015 Heard learned counsel for the petitioner and learned counsel for the Opposite party No. 2.

The petitioner apprehends his arrest in connection with Complaint Case No. 2772 C of 2013 registered for the offences punishable under Section 498A of the Indian Penal Code. The petitioner as well as the opposite party is present in Chambers today.

Learned counsel for the petitioner submits that petitioner is willing and ready to keep his wife with full dignity and honour.

Learned counsel for the Opposite party no. 2 submits that opposite party no. 2 is also inclined to go back her matrimonial home but she has apprehension that she may not get

proper treatment and her daily needs may not be met and may perhaps be subjected her to further mental torture including Marpit.

In reply, petitioner assures that there shall be no recurrence of untoward incident, so as to prejudice the opposite party no. 2 in any manner.

Considering the bona fide offer made by the petitioner, let the petitioner above named, 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, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Araria in connection with Complaint Case No. 2772C of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C..

However, it is made clear that if, at all, there shall be any recurrence of untoward incident, leading to mental or physical torture to the opposite party no. 2., it shall be open for her to move this Court for modification of the order or approach the court below for any action in accordance with law including cancellation of the bail.

(Anjana Mishra, J) Jagdish/-

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