Patna High CourtCR. MISC./67380/2022bail granted

Md. Sabir Hussain v. The State Of Bihar

2023-07-26Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67380 of 2022 Arising Out of PS. Case No.-277 Year-2021 Thana- COMPLAINT CASE District- Jamui ====================================================== Md. Sabir Hussain Son Of Ulafat Miya R/O Vill.- Telhatta, Tola- Dhamni, P.S.- Kauwakol, Distt.- Nawada ... ... Petitioner/s

Versus

The State of Bihar 2.

Kausarya Khatoon Wife Of Md. Sabir Hussain, D/O- Late Md. Rahim R/O Vill.- Telhatta, Tola- Dhamni, P.S.- Kauwakol, Distt.- Nawada. At Present Residing At Gadhi, Tola- Bichhkorwa, P.S.- Khaira, Distt.- Jamui ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh Mr. Pramod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-07-2023

1. Heard learned counsel for the petitioner, learned counsel for the complainant and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A), 323, 379, 504 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner, at the outset, submits that he has instructions to make submission that petitioner is willing to resume his conjugal life and will keep the complainant with honor and dignity, it is next submitted that the marriage is nearly more than 15 years old and on account of a trivial issue, the differences between the petitioner and the complainant escalated.

Patna High Court CR. MISC. No.67380 of 2022(4) dt.26-07-2023 2/3

4. Learned counsel for the complainant also submits that he has instructions to make submission that even the complainant is willing to accompany the petitioner to her matrimonial home.

5. Learned counsel for the petitioner submits that the petitioner will go to the parental home of the complainant on 11.08.2023 to fetch her back to her matrimonial home.

6. Learned counsel for the complainant submits that the moment petitioner will go to the house of the complainant to fetch her back, the complainant will willingly accompany him.

7. Since the parties have jointly submitted that they are ready and willing to resume their conjugal life, as such the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complainant Case No. 277C of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. However, it is made clear that the complainant would be at liberty to file an application seeking cancellation of

Patna High Court CR. MISC. No.67380 of 2022(4) dt.26-07-2023 3/3 anticipatory bail granted to the petitioner, in the event, if he does not go to the parental home of the complainant to fetch her back.

(Satyavrat Verma, J) Rishi/- U T