Manjar Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42202 of 2016 Arising Out of PS.Case No. -2089 Year- 2014 Thana -COMPLAINT CASE District- ARRARIA ======================================================

1. Manjar Alam son of Basir Resident of Village - Prashadpur, P.S. Mahalgaon, District Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bibi Nagma W/o Manjar Alam, D/o Irfan Resident of Village - Jogindra, P.S. Mahalgaon, District - Araria.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Kumar Jha For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-09-2016 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 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

Patna High Court Cr.Misc. No.42202 of 2016 (2) dt.27-09-2016 2/3 paragraph no. 9 of the petition which reads as follows: " The petitioner is ready to keep the wife 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 SDJM, Araria in connection with Complaint Case No. 2089C 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 below or (iii) if the complainant deliberately gets

Patna High Court Cr.Misc. No.42202 of 2016 (2) dt.27-09-2016 3/3 reluctant to reconcile the issue.

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