Quamroddin @ Quamruddin v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44336 of 2014 Arising Out of PS.Case No. -1166 Year- 2013 Thana -COMPLAINT CASE District- KISANGANJ ====================================================== Quamroddin @ Quamruddin @ Quamruddin, Son of Yunus, Resident of Village - Rampur, P.S. - Tedhagach, District - Kishanganj. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Ametun Nisha, Wife of Quamroddin, D/o Late Shertu, Resident of village - Rampur, P.S. Tedhagach, District - Kishanganj. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amal Kumar Sinha For the Opposite Party/s : Mr. S.M. Rahman (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 26-03-2015 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 processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code.
The basic accusation is of torture.
The marriage between the petitioner and the complainant is admitted fact.
Notices were issued to the complainant-opposite party no. 2 vide order dated 16.12.2014 on submission of learned
Patna High Court Cr.Misc. No.44336 of 2014 (03) dt.26-03-2015 2/3 counsel for the petitioner that the petitioner is ready to keep the complainant as wife with full dignity and honour. Statement to that effect has been made in para 12 of the petition, which reads as follows:- "That the petitioner is still ready to keep his wife with dignity."
Learned 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 15th of April, 2015 when the petitioner will take the complainant to keep her as wife with full 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, Kishanganj in connection with Complaint Case No. 1166C of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 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
Patna High Court Cr.Misc. No.44336 of 2014 (03) dt.26-03-2015 3/3 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