Jahangir Raza @ Jahangir Raja @ Jahanghir Raza v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40983 of 2016 Arising Out of PS.Case No. -766 Year- 2015 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Jahangir Raza @ Jahangir Raja @ Jahanghir Raza Son of late Md. Mostaqueen Resident of Village- Chandan Bara, PS Dhaka, District East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Nasra Khatoon Daughter of Md. Mainuddin Ansari Resident of Village- Chandan Bara, PS Dhaka, District East Champaran. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05/ 06-04-2017 Heard learned counsel for the petitioner, complainant-opposite party no. 2 and the State. 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 498A of the Indian Penal Code.
The basic accusation is of torture.
It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant. Though, the petitioner has solemnized second marriage but he is still ready to keep the complainant as wife with
Patna High Court Cr.Misc. No.40983 of 2016 (5) dt.06-04-2017 2/3 full dignity and honour. Statement to that effect has been made in paragraph nos. 10 and 11 of the petition which read as follow:- "That the petitioner has solemnized second marriage."
"That, be that as it may, the petitioner has no grievance against his wife, and he, however, undertakes before the Hon'ble Court to keep his wife with full dignity and honour, respect and comfort, safety and security."
It is further submitted by learned counsel for the petitioner that, at present, the complainant is residing with the petitioner at Delhi.
Counsel for the complainant submits that the complainant admits that, at present, she is residing with the petitioner but still she is apprehensive due to the past conduct of the petitioner.
Considering the present stand of the parties, let the above named petitioner be released on provisional anticipatory bail for six months in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Sikrahana at Dhaka in connection with Complaint Case No. C-766 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Patna High Court Cr.Misc. No.40983 of 2016 (5) dt.06-04-2017 3/3 The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony (ii) or if the complainant gets reluctant to reconcile the issue (iii) or if the complainant to appear before the learned court. (Dinesh Kumar Singh, J) DKS/- U T