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Patna High CourtCR. MISC./44777/2015disposed

Md. Sahid Alam @ Md. Shahid Alam v. State Of Bihar And ANR

2015-09-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44777 of 2015 Arising Out of PS.Case No. -1767 Year- 2014 Thana -COMPLAINT CASE District- ARRARIA ======================================================

1. Md. Sahid Alam @ Md. Shahid Alam Son of Md. Nasimuddin, resident of village - Suryapur Belwa, Police Station & District - Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bibi Nahid Praveen, Daughter of Md. Serajuddin, resident of village - Bokra, Police Station - Simraha, District - Araria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. R.B.Roy Raman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-09-2015 The petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were 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.

It is submitted by learned counsel for the petitioner on instruction that petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 10 of the petition which reads as follows:- "That, the petitioner is the husband of the complainant and always ready to keep her with full honour, dignity, love affections and all desires."

Patna High Court Cr.Misc. No.44777 of 2015 (2) dt.21-09-2015 2/2 Considering the aforesaid stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for one year 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, Araria in connection with Complaint Case No. 1767C of 2014. The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of one year (ii) If the complainant fails to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue.

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