Ali Musa @ Pavez v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11470 of 2015 Arising Out of PS.Case No. -107 Year- 2013 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ====================================================== Ali Musa @ Pavez Son of Chhedi resident of Village - Bangrahtta, P.S. - Ghanshyampur, District - Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kuresha Khatoon Wife of Ali Musa, D/o - Salim Ansari Resident of village - Makrampur, P.S. - Bahera, District - Darbhanga. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kaushal Kumar Jha For the Opposite Party/s : Mr. A.M.P.Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 28-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 494 and 498A of the Indian Penal Code.

The basic accusation is of torture and performing second marriage.

The petitioner and the complainant are present. It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.11470 of 2015 (4) dt.28-09-2015 2/3 petitioner that the petitioner admits his marriage and birth of two children. Though, the petitioner has performed second marriage but he is ready to keep the complainant and the children with dignity and honour. Statement to that effect has been made in paragraph 7 of the petition, which reads as follows:- "That the petitioner (Husband) of complainant is always ready to keep the complainant (wife) with him for even with full dignity and honour."

Counsel for the complainant submits that the complainant is ready to accept the offer of the petitioner. Both sides agree to appear before the learned court below on 12th of October, 2015 when the petitioner will take the complainant and the children to keep them with dignity and honour.

Considering the present stand of the parties, let the above named petitioner be released on provisional anticipatory bail for one year in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Subdivisional Judicial Magistrate, Biroul, Darbhanga in connection with C.R. No. 107 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court Cr.Misc. No.11470 of 2015 (4) dt.28-09-2015 3/3 The provisional bail of the petitioner will be confirmed within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the complainant gets reluctant to reconcile the issue; and (iii) or if the complainant fails to appear before the learned court.

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