Rahid Ali v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46051 of 2015 Arising Out of PS.Case No. -194 Year- 2012 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ====================================================== Rahid Ali Son of Asgar Ali, resident of village- Dorpur, P.S.- Nanpur, District- Sitamarhi .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sahin Pravin wife of Rahid Ali, daughter of Md. Akhtar, resident of village- Dorpur, P.S.- Nanpur, District- Sitamarhi .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Manoj Kumar No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06/ 18-12-2015 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.

Patna High Court Cr.Misc. No.46051 of 2015 (6) dt.18-12-2015 2/3 It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant and birth of two children, one male and one female. Both sides agree to part ways on payment of permanent alimony of Rs.5,00,000/- (Five lakhs) and the same should be deposited in the account of the complainant within a period of six months. Both sides also agree to file matrimonial suit for dissolution of the marriage with consent and will file appropriate application in the present proceeding also. Considering the present stand of the parties, let the above named petitioner be released on anticipatory bail, 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 Sub-divisional Judicial Magistrate, Pupri, Sitamarhi in connection with Complaint Case No. 194 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. It is expected from the learned court below to dispose of the complaint case in accordance with law in view of the present stand of the parties.

Patna High Court Cr.Misc. No.46051 of 2015 (6) dt.18-12-2015 3/3 to violate the terms of agreement entered into between the parties.

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