Patna High CourtCR. MISC./31982/2016disposed

Sabir Mian v. State Of Bihar And ANR

2016-08-01Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31982 of 2016 Arising Out of PS.Case No. -2332 Year- 2011 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ====================================================== Sabir Mian Son of Late Idris Mian resident of Village - Machhagar, P.S. - Hathua, District -Gopalganj.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Rubi Khatoon D/o - Mainuddin Mian resident of Village - Mahuari, P.S. - Siwan Muffasil, District - Siwan.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-08-2016 Heard learned counsel for the parties.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under section 323, 406, 498A, 504/34 of the Indian Penal Code.

The basic accusation is of torture.

It is submitted by the learned counsel for the petitioner that the petitioner admits his marriage with the complainant and is ready to settle the issue in terms of payment of maintenance. Statement to that effect has been made in paragraph 6 of the petition.

Patna High Court Cr.Misc. No.31982 of 2016 (2) dt.01-08-2016 Since the present complaint case was filed in the year 2011, this Court is not inclined to grant anticipatory bail to the petitioner but keeping in view the stand of the petitioner to pay maintenance, it is a case for consideration of regular bail to the petitioner.

Let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Complaint Case No. 2332/2011 pending in the court of Sri R.K.Singh, Judicial Magistrate, Siwan. With the aforesaid observation, this application is disposed of.

(Dinesh Kumar Singh, J) Surendra/- U