Masood v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51287 of 2017 Arising Out of PS.Case No. -1756 Year- 2016 Thana -COMPLAINT CASE District- ARRARIA ======================================================
1. Masood, S/o Yaquoob, R/o Village- Rupaili, P.S.- Raniganj, DistrictAraria. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Bibi Nazarin, W/o Masood , D/o Mustaque , R/o Village- Rupaili, P.S.- Raniganj, District- Araria.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Asharaf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 20-12-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Complaint Case No.1756 C of 2016 instituted for the offence under Section(s) 498-A Indian Penal Code.
Counsel for the petitioner has submitted that petitioner (husband) is always willing to keep the wife (Opposite Party No.2), but she is not willing to live with him. Notice was issued to the Opposite Party No.2, which has been validly served, but none has appeared on her behalf. In the circumstances, this application is disposed off with direction to petitioner to surrender before the Court below i.e. Sub-Divisional Judicial Magistrate, Araria, within a period
Patna High Court Cr.Misc. No.51287 of 2017 (3) dt.20-12-2017 2/3 of four weeks from date of receipt of copy of this order in connection with Complaint Case No.1756-C of 2016, along with Affidavit that he will keep the wife with full dignity and care and in that event the Court below will release the petitioner on provisional anticipatory bail to its own satisfaction for a period of six months and will issue notice to the wife-Opposite Party No.2 and in the event the Opposite Party No.
2 becomes ready to go and live with the petitioner, the Court below will monitor the relationship between the parties by calling both of them every month in the Court and in the event the Court below finds that good conjugal relationship have been restored between husband and wife and wife does not make any complain about the physical and mental torture committed by the petitioner during the period of her stay with him or Court below finds that good conjugal relationship could not be restored on account of indifferent attitude of wife, or the wife does not appear even after service of notice, the Court below shall confirm the provisional bail of the petitioner after six months.
It is made clear that in the event the petitioner does not surrender in the Court below along with Affidavit, as ordered above, or during the period of monitoring the wife makes complain about physical and mental torture committed by the
Patna High Court Cr.Misc. No.51287 of 2017 (3) dt.20-12-2017 3/3 petitioner to which the Court below is satisfied or on appearance of wife the petitioner does not become ready to take her with him, it will be open to the Court below to pass appropriate order in accordance with law including cancellation of provisional bail of the petitioner without taking into consideration the observations made above by this Court.
This application is, accordingly, disposed off. (Sanjay Priya, J) JA/- U T