Basaruddin v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18374 of 2015 Arising Out of PS.Case No. -2917 Year- 2013 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Basaruddin. Son of Late Molan Ansari. Resident of village - Kanoura, P.S.- Pateherawa, District - Kushi Nagar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Noorsaba. Wife of Basaruddin, Daughter of Yunus Miya. Resident of village - Kanoura, P.O.- Jawara, P.S.- Pateherawa, District - Kushi Nagar, U.P., At present residing in village - Tiwari Matihaniya, P.S.- Kuchaicote, District - Gopalganj.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manager Sah, Advocate For the Opposite Party/s : Mr. Smt.Reena Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-06-2015 The matter has been taken up in pursuance to the order dated 16.06.2015, fixing the date 29th of June, 2015 for appearance of petitioner and opposite party no. 2 before appropriate Bench.

Heard learned counsel for the petitioner and learned APP for 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

Patna High Court Cr.Misc. No.18374 of 2015 (3) dt.29-06-2015 cognizance being taken for the offences punishable under Sections 498A and 406 of the Indian Penal Code. Basic accusation is of torture. The marriage between the petitioner and complainant is admitted. On instruction it is submitted by the learned counsel for the petitioner that the petitioner is ready to keep the complainant as wife with full dignity and honour. Learned counsel for the complainant submits that the complainant is ready to accept the offer of the petitioner. Both the petitioner and informant appear before the learned court below on 28th of July, 2015 when the petitioner will take the complainant to keep her as wife with full dignity and honour.

Considering the present stand of the parties, 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, Gopalganj in connection with Complaint Case No. 2917 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 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

Patna High Court Cr.Misc. No.18374 of 2015 (3) dt.29-06-2015 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