Razid Ansari @ Rozid Ansari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21797 of 2015 Arising Out of PS.Case No. -2811 Year- 2013 Thana -SARAN COMPLAINT CASE DistrictSARAN ======================================================

1. Razid Ansari @ Rozid Ansari S/o Late Nizamuddin Miyan, .... .... Petitioner/s

Versus

1. The State of Bihar

2. Arzun Khatoon, W/o Razid Ansari W/o Allauddin Ansari .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Aslam Ansari For the Opposite Party/s : Mr. Amit Kr. Rakesh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-05-2015 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 process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code. The basic accusation is of torture. The factum of marriage between the petitioner and the complainant and birth of two children are admitted facts.

On instruction, learned counsel for the petitioner submits that the petitioner is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 10 of the petition which reads as follows:- "That the petitioner is ready to keep the complainant with full love and dignity."

Patna High Court Cr.Misc. No.21797 of 2015 (2) dt.18-05-2015 2/2 Considering the present stand of the petitioner, 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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Chapra, Dist. Saran in connection with Complaint Case No. 2811 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the complainant for her appearance. 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 learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue.

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