Abdul Majid Qasmi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34598 of 2017 Arising Out of PS.Case No. -1049 Year- 2016 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ====================================================== Abdul Majid Qasmi, S/o Basir Ahmad, R/o Mohalla- Babu Dih, P.S.- Bishantu, Post Madhuban, District- Deoghar (Jharkhand), At present residing at Mohalla- Nil Kothi, P.S. and P.O.- Dehri, District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Gaushia Parveen @ Muskan Parveen, W/o Abdul Majid Qasmi, R/o Mohalla- Nil Kothi, P.S.- Dehri, P.O.- Dehri, District- Rohtas. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Naseem Mukhatar, Advocate. Mr. Majid Mahboob Khan, Advocate For the opposite party No.2 : Mr. Arvind Kumar Pandey, Advocate Mr. Jitendra Prasad Singh, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-09-2017 Heard learned counsel for the petitioner, learned counsel for the opposite party No.2 and learned counsel for the State.

The petitioner apprehends his arrest in Complaint Case No. 1049 of 2016 instituted for the offence under Section 498A of the Indian Penal Code.

It has been submitted on behalf of the petitioner that the petitioner is ready to keep his wife with full honour and dignity.

The counsel for the opposite party No. 2 has appeared

and submitted that opposite party No. 2 (wife) is also ready to live with her husband.

Accordingly, this application is disposed off with direction to petitioner to surrender before the Court below i.e. Additional Chief Judicial Magistrate-V, Sasaram (Rohtas), within a period of six weeks from today in connection with Complaint Case No. 1049 of 2016, along with Affidavit that he will keep the wife with full dignity and care.

provisional bail of the petitioner after six months. It is made clear that in the event the petitioner does not surrender in the court below along with Affidavit, as ordered above, or the petitioner refuses to keep the wife on her appearance in court below or wife during the period of monitoring makes complain about physical and mental torture committed by the petitioner, it will be open to the court below to pass appropriate order in accordance with law including cancellation of provisional bail of the petitioner without taking into consideration the observations made above by this Court.

Application is disposed off with aforesaid observations.

(Sanjay Priya, J) S.Ali/- U T