Masum Ekbal @ Munna @ Md. Iqubal Ahmad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37100 of 2015 Arising Out of PS.Case No. -508 Year- 2014 Thana -COMPLAINT CASE District- SUPAUL ====================================================== Masum Ekbal @ Munna @ Md. Iqubal Ahmad, S/o Abdul Shakur, resident of village- Islampur, Khakhai, P.S.- Kishanpur, District- Supaul .... .... Petitioner/s

Versus

1. State of Bihar

2. Bibi Sharifan, W/o Masum Ekbal @ Munna, D/o Md. Hanif, resident of village- Simrahi, P.S.- Raghopur, District- Supaul .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nafisuzzoha, Advocate For the Opposite Party/s : Mr. Vinod Shankar Modi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-08-2015 Heard learned counsel for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498A and 323 of the Indian Penal Code. The basic accusation is of torture.

It is submitted by the learned counsel for the petitioner that petitioner has performed second marriage but still ready to keep the complainant and his son as wife with full dignity and honour. Statement to that effect has been made in para- 7 of the petition which reads as follows:- "That the petitioner is husband of the complainant and he is always ready to keep the complainant (wife) and his son

Patna High Court Cr.Misc. No.37100 of 2015 (2) dt.18-08-2015 with full respect and dignity."

Considering the present stand of the petitioner, 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 Sub-Divisional Judicial Magistrate, Birpur at Supaul in connection with Complaint Case No. 508C of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Let the learned court below issue notice to the complainant on her appearance the petitioner will take the complainant to keep her as wife with full dignity and honour.

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 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