Azhar Ali @ Azfar Ali @ Md. Azfar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1518 of 2016 Arising Out of PS.Case No. -63 Year- 2015 Thana -MANSAHI District- KATIHAR ====================================================== Azhar ali @ Azfar Ali @ Md. Azfar .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Raj Kishore Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-01-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the sister of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A of the Indian Penal Code.

The basic accusation is of torture.

Learned counsel for the petitioner submits that the petitioner admits his marriage with the sister of the informant and is ready to keep the sister of the informant as wife with full dignity and honour. A statement to that effect has been made in para 9 of the petition which reads as follows:- "That the petitioner is ready to keep his wife with full dignity and honour of his Muslim customs and society."

Considering the present stand of the petitioner, let the

Patna High Court Cr.Misc. No.1518 of 2016 (2) dt.12-01-2016 2/2 above named petitioner be released on provisional anticipatory bail for one year in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Katihar in connection with Mansahi P.S. Case No. 63 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the sister of the informant for her appearance. On her appearance, the petitioner will take the sister of the informant to keep her as wife with full dignity and honour.

The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the sister of the informant fails to appear before the learned court below or (iii) if the sister of the informant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Amrendra/- U T