Md. Arshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47728 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== MD. ARSHAD Son of Sheikh Anisurrahman Resident of Village - Bairiya Tola Sagardina, P.S.- Shikarganj (Chiraiya), District - East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Aatiyana Khatoon Wife of Md. Arshad D/o Sk. Azeem, Resident of - Bairiya Tola Sagardina, P.S.- Shikarganj (Chiraiya), District - East Champaran, presently r/o Sulsabad, P.S.- Mehsi, District - East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Patanjali Rishi For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, being a husband, is apprehending his arrest in connection with Tr. No. 1004 of 2019 arising out of Complaint Case No. 24 of 2019 for the offence registered under Sections 323, 498(A), 379, 406 504 and 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner is willing and ready to keep the opposite party no. 2 with a full honour and dignity and there shall be no recurrence of any such act which would prejudice her in any manner. Learned counsel for the opposite party no. 2 submits that the opposite party no. 2 is also willing and ready to live

Patna High Court CR. MISC. No.47728 of 2019(3) dt.16-11-2019 2/3 with her husband and restored normal family life in the event of the petitioner treats her with dignity and takes care of her as a good husband.

Considering the aforesaid facts and circumstances of the case and the willingness of the opposite party no. 2 to live with the petitioner who has ensured her safety and security and also will not hamper her mental peace, let the petitioner, above named, in the event of his arrest/surrender before the learned court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, East Champaran, Motihari in connection with Tr. No. 1004 of 2019 arising out of Complaint Case No. 24 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

However, it is made clear that the petitioner would go to the village home of the opposite party no 2 within a fortnight and, thereafter, collect her and restore normal family relation between themselves. It shall be open to the opposite party no. 2 to seek recourse to any appropriate remedy in the event of the petitioner failing to honour his own undertaking made before

Patna High Court CR. MISC. No.47728 of 2019(3) dt.16-11-2019 3/3 this Court.

(Anjana Mishra, J) Jagdish/- U T