Md. Sajid Khan @ Sajid Khan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23756 of 2015 Arising Out of PS.Case No. -1146 Year- 2014 Thana -BHABHU(KAIMUR) COMPLAIN C District- BHABHUA (KAIMUR) ====================================================== Md. Sajid Khan @ Sajid Khan Son of Meraj Khan resident of Village Dewaitha, Police Station- Zamaniya, District- Gazipur(U.P) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sana Khatun W/o Sajid khan,d/o Nausad khan, At present resident of Bhabua Ward No. 22, Police Station- Bhabhua, District Kaimur (Bhabhua) .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmesh Kumar Shrivastava For the Opposite Party/s : Mr. Rina Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 21-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code.

The basic accusation is of torture.

Patna High Court Cr.Misc. No.23756 of 2015 (3) dt.21-09-2015 2/3 Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. Statement to that effect has been made in paragraph 9 of the petition, which reads as follows:- "That the petitioner is still ready to keep the complainant with full dignity and honour."

Counsel for the complainant submits that due to past conduct of the petitioner the complainant refused to accept the offer of the petitioner.

Hence, on joint prayer of the parties the matter was referred to the Mediation Centre of the State Legal Services Authority. The report of the Mediator dated 06.08.2015 at Flag 'X' reflects that both have resolved the issue and both are residing together.

Considering present stand of the parties, let the above named petitioner be released on anticipatory bail 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Kaimur at Bhabhua in connection with

Patna High Court Cr.Misc. No.23756 of 2015 (3) dt.21-09-2015 3/3 Complaint Case No. 1146 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Let the report of the Mediator along with terms of agreement be transmitted to the learned court below. DKS/ (Dinesh Kumar Singh, J.) U T