Md. Arif v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9257 of 2016 Arising Out of PS.Case No. -3505 Year- 2014 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Md. Arif, son of Md. Rajjaque, resident of Village-Hingna Aurahi Pokhar Tola P.S.-Simraha(Forbesganj) District-Araria .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rukhsana Khatoon @ Pravin, wife of Md. Arif, daughter of Kalim, resident of Village-Hingna Aurahi Pokhar Tola, P.S.-Simraha, District-Araria .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Nawal Kishore Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-02-2016 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 but petitioner has divorced the complainant. However, the petitioner is still ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 15 of the petition which reads as follows:- "That the petitioner is yet ready to keep the complainant with full love and

Patna High Court Cr.Misc. No.9257 of 2016 (2) dt.24-02-2016 2/2 dignity"

Considering the present 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 six months on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Araria in connection with Complaint Case No. 3505C of 2014. Let learned Court below issue notice to the complainant and fix a date for her appearance. On appearance, the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour. 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 six months (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