Md. Naim v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25338 of 2015 Arising Out of PS.Case No. -1206 Year- 2013 Thana -COMPLAINT CASE District- ARRARIA ======================================================

1. Md. Naim son of Md. Majid Resident of Village - Dahuabadi, P.S. Kursakanta, District Araria .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Zohra Khatoon wife of Md. Naim, D/o Md. Rojeet Resident of Village - Ranibasti, Ward No. 22, P.S. Rani, Distrit Morang, (Nepal) .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Atif Inam For the Opposite Party/s : Mr. T.P.Mandal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-07-2015 Heard learned counsels for the petitioner, complainant 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 Sections 498A,323 and 379 of the Indian Penal Code.

The basic accusation is of torture.

The petitioner admits his marriage with the complainant and birth of two children. It is submitted that though the petitioner earlier refused to keep the complainant but now on instructions, it is submitted that the petitioner is

Patna High Court Cr.Misc. No.25338 of 2015 (2) dt.21-07-2015 2/3 ready to keep the complainant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph 11 of the petition.

Learned counsel for the complainant submits that the complainant is ready to accept the offer of the petitioner. Both petitioner and the complainant agree to appear before the learned court below on 10.8.2015 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 arrest or surrender before the learned Court below within a period of twelve 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 CJM, Araria in connection with Complaint Case No. 1206C of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C. 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

Patna High Court Cr.Misc. No.25338 of 2015 (2) dt.21-07-2015 3/3 below or (iii) if the complainant deliberately gets reluctant to reconcile the issue.

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