Md. Jivrail @ Md. Jivrail Hussain v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31292 of 2015 Arising Out of PS.Case No. -303 Year- 2012 Thana -SAMASTIPUR COMPLAINT CASE DistrictSAMASTIPUR ======================================================

1. Md. Jivrail @ Md. Jivrail Hussain Son of Md. Kasim resident of Village - Meghaul, P.S. - Khodawandpur, District - Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sawana Khatoon D/o Abul Hassan resident of Rosera Town, Ward no. 11, Police Station - Rosera, District - Samastipur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amitabh Bhardwaj For the Opposite Party/s : Mr. A.Haque Sahara(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-07-2015 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 processes were directed to be issued after cognizance being taken under Section 498A of the Indian Penal Code. The basic accusation is of torture.

The petitioner admits marriage with the complainant. On instructions, it is submitted that the petitioner is ready to keep the complainant as wife with full dignity and honour. Statement to the aforesaid effect has

Patna High Court Cr.Misc. No.31292 of 2015 (2) dt.31-07-2015 2/3 been made in paragraph no. 8 of the petition which reads as follows:

"That this petitioner is husband of complainant and ready to keep her with full honour and dignity." 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 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM Rosera, Samastipur in connection with Complaint Case No. 303 of 2012 subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the complainant and on her appearance the petitioner will take the complainant to keep her as wife with full dignity and honour.

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

Patna High Court Cr.Misc. No.31292 of 2015 (2) dt.31-07-2015 3/3 below or (iii) if the complainant deliberately gets reluctant to reconcile the issue.

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