Md. Shamshad v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5466 of 2017 Arising Out of PS.Case No. -1677 Year- 2016 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================
1. Md. Shamshad, son of Sheikh Mansoor, resident of village- Kadwa, P.S.- Kasba, District- Purnea.
.... .... Petitioner/s
Versus
1. The State of Bihar,
2. Bibi Bilkish Khatoon, D/o Md. Naiyar, resident of village- Sarahi, P.S.- Dagarua, District- Purnea.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Dr. Bidhu Ranjan, Advocate For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 06-04-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends his arrest in Complaint Case No.1677 of 2016 instituted for the offence under Section(s) 498-A Indian Penal Code.
Notice was issued to the Opposite Party No.2, which has been validly served as appear from the service report of the notice issued under ordinary process. It is mentioned in the service report that notice has been received by the Opposite Party No.2 personally.
Today, neither Opposite Party No.2 is present nor any vakalatnama has been filed on her behalf. It has been submitted on behalf of the petitioner that
Patna High Court Cr.Misc. No.5466 of 2017 (3) dt.06-04-2017 2/3 he is ready to keep the wife. He has filed petition before the Principal Judge, Family Court, Purnea, for Bidagari of his wife. In such circumstances, this application is disposed off with direction to petitioner to surrender before the Court below i.e. Chief Judicial Magistrate, Purnea, within a period of six weeks from today in connection with Complaint Case No.1677 of 2016, along with Affidavit that he will keep the wife with full dignity and care and in the event the Court below finds that petitioner is ready to keep the wife with full dignity and care, the court below will release the petitioner on provisional bail on its own satisfaction for a period of six months and will issue notice to the wife-Opposite Party No.2 and on appearance of Opposite Party No.
Patna High Court Cr.Misc. No.5466 of 2017 (3) dt.06-04-2017 3/3 bail of the petitioner after six months.
It is made clear that in the event the petitioner does not surrender in the Court below along with Affidavit, as ordered above, or during the period of monitoring the wife makes complain about physical and mental torture committed by the petitioner or on appearance of wife the petitioner does not become ready to take her with him, it will be open to the Court below to pass appropriate order in accordance with law including cancellation of provisional bail of the petitioner without taking into consideration the observations made above by this Court. (Sanjay Priya, J) JA/- U T