Md. Badruddin v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47240 of 2015 Arising Out of PS.Case No. -29 Year- 2013 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Md. Badruddin S/o Md. Serajuddin Residence of village- Jagarnathpur Lagama, P.S.- Paroo, Dist- Muffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Shakina Khatoo, W/o Badruddin, D/o Sarfuddin Presently R/o VillageThargawan, P.S.- Mehasi, Dist- East Champaran. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr. Madhuranand Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-06-2016 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 341, 452, 323, 324, 498A and 379 of the Indian Penal Code.
The basic accusation is of torture.
It is submitted by the learned counsel for the petitioner that the petitioner admits the marriage with the
Patna High Court Cr.Misc. No.47240 of 2015 (5) dt.30-06-2016 informant. The petitioner has filed Matrimonial Suit No. 281 of 2013 with a prayer for divorce, but he is ready to keep the informant as wife with full dignity and honour. Though, statement to that effect has not been made in the petition. The petitioner is further ready to withdraw the Matrimonial Suit. Learned counsel for the informant submits that the informant is ready to accept the offer of the petitioner. Both the petitioner and informant agree to appear before the learned court below on 11th of July, 2016 when the petitioner will take the informant 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 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 Chief Judicial Magistrate, Moihari, East Champaran in connection with Mehasi P.S. Case No. 29 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The provisional bail of the petitioner will be confirmed within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the complainant gets
Patna High Court Cr.Misc. No.47240 of 2015 (5) dt.30-06-2016 reluctant to reconcile the issue; and (iii) or if the complainant fails to appear before the learned court.
(Dinesh Kumar Singh, J) P.K./- U T