Md. Imran Ansari v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36321 of 2015 Arising Out of PS.Case No. -1818 Year- 2014 Thana -SARAN COMPLAINT CASE DistrictSARAN ======================================================
1. Md. Imran Ansari son of Nasruddin resident of village- Sahwa, P.s.- Ishuapur, District- Saran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Gudia Khatoon wife of Md. Imran Ansari, and daughter of Shakil Ahmad resident of village- Madhpur, P.O.- Khodaibagh, P.S.- Marhaura, DistrictSaran. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Anis Akhtar, Advocate For the Opposite Party/s : Mr. Pramod Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-08-2015 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 cognizance being taken for the offences punishable under Sections 498A/34 of the Indian Penal Code.
The basic accusation is of torture.
On instruction it is submitted by the learned counsel for the petitioner that the petitioner is ready to
Patna High Court Cr.Misc. No.36321 of 2015 (2) dt.18-08-2015 keep the informant as wife with full dignity and honour. Statement to that effect has been made in para-11 of the petition which reads as follows:- "That it is relevant to mention here that petitioner is still willing to keep her wife with full dignity but despite of the persuasion being continuously made by the petitioner to bring her back to her matrimonial house, she is adamant not to go to her matrimonial house for the reasons best known to her."
Learned counsel for the informant 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 August, 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, Saran in connection with Complaint Case No. 1818 of 2014, 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
Patna High Court Cr.Misc. No.36321 of 2015 (2) dt.18-08-2015 eventualities:- (i) on substantial restoration of the matrimonial 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