Md. Nazim v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26544 of 2015 Arising Out of PS.Case No. -3172 Year- 2012 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Md. Nazim .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anamul Haque For the Opposite Party/s : Mr. Kr. Ranjit Ranjan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-07-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code. The basic accusation is of torture. The factum of marriage between the petitioner and the complainant having no issue out of wedlock is admitted fact.

On instruction, learned counsel for the petitioner submits that the petitioner is ready to keep the complainant as wife with full dignity and honour. Though, statement to that effect has not been made in the petition.

On instruction, learned counsel for the complainant submits that the complainant is ready to accept the offer of the

Patna High Court Cr.Misc. No.26544 of 2015 (2) dt.03-07-2015 2/2 petitioner.

The petitioner and the complainant agree to appear before the learned court below on 27th of July, 2015 when the petitioner will take the complainant to keep her as wife with full dignity and honour.

Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Subdivisional Judicial Magistrate, Araria in connection with Complaint Case No. 3172 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue.

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