Md. Zahid @ Md. Zahid Alam @ Zahid Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9549 of 2017 Arising Out of PS.Case No. -42 Year- 2016 Thana -MAHILA P.S. District- KISANGANJ ======================================================

1. Md. Zahid @ Md. Zahid Alam @ Zahid Alam S/o - Latefur Rahman, Resident of Banbadiya, P.S.- Korobari, District- Kishanganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Roasan Begum W/o Md. Zahid @ Md. Zahid Alam @ Zahid Alam, D/o late Yunus R/o - Banbadiya, P.S- Korobari, District- Kishanganj. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-04-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kishanganj Mahila P.S. Case No. 42 of 2016 instituted for the offence under Sections-498(A), 341, 323, 325, 504, 506 of the Indian Penal Code.

The petitioner is husband. The notice was issued to opposite party No. 2 which has validly been served but none appeared on behalf of opposite party No. 2.

The petitioner is ready to keep the informant (his wife) with full honour and dignity.

In such circumstances, this application is disposed of with direction to petitioner to surrender before the court below i.e.

Patna High Court Cr.Misc. No.9549 of 2017 (3) dt.18-04-2017 2/3 learned Sub Divisional Judicial Magistrate, Kishanganj within a period of four weeks from today in connection with Kishanganj Mahila P.S. Case No. 42 of 2016 along with affidavit that he will keep the wife with full dignity and care and in the event, the court below finds that petitioner is ready to keep the wife with full honour and dignity, the court below will release the petitioner on provisional anticipatory bail on its own satisfaction for a period of six months and will issue notice to the wife-opposite party No. 2 and on appearance of opposite party No.

2, will try to reconcile the matter and will monitor the relationship between the parties by calling both of them every month in the court and in the event, the court below finds that good conjugal relationship have been restored between husband and wife and wife does not make any complain about the physical and mental torture committed by the petitioner during the period of her stay with him or court below finds that good conjugal relationship could not be restored on account of indifferent attitude of wife, or the wife does not appear even after service of notice, the court below will confirm the provisional bail of the petitioner after six months.

Patna High Court Cr.Misc. No.9549 of 2017 (3) dt.18-04-2017 3/3 complain about physical and mental torture committed by the petitioner or on appearance of wife the petitioner does not become ready to take her with him, 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. (Sanjay Priya, J) A.K.V./- U T