Anisur @ Aanisur v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13454 of 2015 Arising Out of PS.Case No. -55 Year- 2014 Thana -AWADPUR District- KATIHAR ====================================================== Anisur @ Aanisur Son of Late Mofizuddin .... .... Petitioner/s

Versus

1. The State of Bihar .

2. Marrofa Khatoon, wife of Anisur, .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Helal Ahmad, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-05-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A/448/341/323/504/379/34 of the Indian Penal Code.

The basic accusation is of torture.

The marriage between the petitioner and the informant is admitted.

Learned counsel for the petitioner submits that the petitioner is ready to keep the informant as wife with full dignity and honour, a statement to that effect has been made in para 11 of the petition which reads as follows:- "11. That the petitioner is ready to keep the informant with all dignity, care and comfort." Learned counsel for the informant submits that the

Patna High Court Cr.Misc. No.13454 of 2015 (2) dt.07-05-2015 2/2 informant accepts the offer of the petitioner. 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 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 Chief Judicial Magistrate, Katihar in connection with Abadpur P.S. Case No.55 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Both sides shall appear before the learned court below on 29th May 2015when the petitioner will take the informant and children to keep them 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 informant fails to appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue.

(Dinesh Kumar Singh, J) Ashwini/- U T