Md. Salam Ansari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17884 of 2016 Arising Out of PS.Case No. -1708 Year- 2014 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ======================================================

1. Md. Salam Ansari Son of Md. Muslim Ansari, resident of villageMasaha, P.S.- Parihar, District- Sitamarhi .... .... Petitioner/s

Versus

1. The State of Bihar

2. Husna Ara wife of Md. Salam Ansari, daughter of Md. Mostakim Ansari, resident of village- Masaha, P.s.- Parihar, District- Sitamarhi, at present resident of village- Mahadeopatti, P.S.- Parihar, District- Sitamarhi .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. S.M. Rahman (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-04-2016 Heard learned counsels for the petitioner and the State.

The petitioner, being the husband of the complainant, is apprehending arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code. The prosecution case, in short, is that the complainant was married with the petitioner in the year 2008 and she was living happily at her matrimonial house. Six months after marriage, demand of Hero Honda Motorcycle was made and on refusal of the same, she was tortured and driven out from her matrimonial house.

Patna High Court Cr.Misc. No.17884 of 2016 (2) dt.25-04-2016 Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and is ready to keep her with full dignity and honour. A statement to this effect has been made in paragraph No.8 of this petition, which is as follows:

"8. That the petitioner undertakes to keep the complainant as wife with full honour and dignity". It is further submitted by learned counsel for the petitioner that for restitution of his conjugal right the petitioner has filed Matrimonial Case No.216 of 2014.

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 bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sadar, Sitamarhi in connection with Complaint Case No.C1-1708 of 2014, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

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

Patna High Court Cr.Misc. No.17884 of 2016 (2) dt.25-04-2016 The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities- (i) if the matrimonial harmony is substantially restored or (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant deliberately get reluctant to reconcile the issue. (Dinesh Kumar Singh, J) V.P.Sinha/- U