Md. Sahnawaz @ Md. Shahnawaz Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13604 of 2015 Arising Out of PS.Case No. -1718 Year- 2013 Thana -COMPLAINT CASE District- ARRARIA ======================================================

1. Md. Sahnawaz @ Md. Shahnawaz Alam S/o Md. Helal Resident of village - Menapur Belwari, P.S. & District - Araria .... .... Petitioner/s

Versus

1. The State of Bihar

2. Bibi Afsana Khatoon W/o Md. Shahnawaz, D/o Md. Sazzad Resident of village - Balwat, P.S. Tarabari, District - Araria .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Amit Kumar Rakesh (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 is apprehending arrest in a complaint case in which processes were directed to be issued after cognizance being taken under Section 498A of the Indian Penal Code.

The basic accusation is of torture.

On instructions, it is submitted that the petitioner is ready to keep the complainant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 16 of the petition which reads as follows: "That the petitioner is yet ready to keep the complainant with full love and dignity."

Patna High Court Cr.Misc. No.13604 of 2015 (2) dt.07-05-2015 2/2 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 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM Araria in connection with Complaint Case No. 1718C of 2013 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. 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 gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Anil/- U T