Md. Tanweer @ Tanweer @ Md. Tanweer Alam v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46236 of 2014 Arising Out of PS.Case No. -1680 Year- 2013 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ====================================================== Md. Tanweer @ Tanweer @ Md. Tanweer Alam, S/O- Late Ismail, resident of village- Harlagga, P.S.- Azamnagar, District- Katihar. .... Petitioner/s
Versus
1. The State of Bihar
2. The Jahana Khatoon, wife of Md. Tanweer, d/o- Late Mohiuddin, resident of village Harlagga, P.S.- Azamnagar, District- Katihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Singh For the Opposite Party/s : Mr. Md.Sufiyan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-05-2015 Heard the Counsel for the petitioner and learned APP for the State.
The petitioner is husband of the complainant and facing accusations punishable under section 498A/34 of the Indian Penal Code.
Although, the learned Sessions Judge in the impugned order has recorded that the complainant appeared and showed her disinclination to live with the petitioner as wife but the Counsel for the petitioner, on instruction, states before this Court that wedlock has already produced two siblings and the petitioner is keen to resolve the matrimonial discord and bring his wife to the matrimonial home and live peacefully as husband and wife. It is stated that if the privilege of the anticipatory bail is granted, he will utilize the privilege to restore cordial relationship with his
Patna High Court Cr.Misc. No.46236 of 2014 (3) dt.20-05-2015 2/2 wife.
On such statement made by the Counsel for the petitioner, I am inclined to privilege him with anticipatory bail. In the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Katihar in Complaint Case No. 1680/2013 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions: (I) One of the bailers shall be the own/close family members of the petitioner.
(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner secure his arrest in accordance with law.
(Kishore Kumar Mandal, J) Pankaj/- U T