Farmood @ Md. Farmood Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40968 of 2015 Arising Out of PS.Case No. -182 Year- 2014 Thana -BALRAMPUR District- KATIHAR ======================================================

1. Farmood @ Md. Farmood Alam S/o Md. Nijamuddin R/o Village Nayatola Sabtara, P.S. Balrampur, District Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Najeeb Ahmad For the Opposite Party/s : Mr. Bharat Lal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-01-2016 Petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 498(A) of the Indian Penal Code.

The basic accusation is of torture after 23 years of marriage.

It is submitted by learned counsel for the petitioner on instruction that petitioner admits his marriage with the informant and birth of six children and is ready to keep the informant and children with dignity and honour. A statement to that effect has been made in para 2 of the supplementary affidavit which reads as follows:- "That in continuation of statement made in main application it is further stated that petitioner is ready to keep her wife(informant)

Patna High Court Cr.Misc. No.40968 of 2015 (3) dt.25-01-2016 2/2 with full dignity"

It is also submitted by learned counsel for the petitioner that petitioner is suffering from serious ailment but informant is not taking care of him.

It is submitted by learned counsel for the informant that informant is ready to accept the offer of the petitioner.

Both sides agree to appear before learned Court below on 8th of February, 2016 when the petitioner will take the informant and children to keep them with full dignity and honour.

Considering the present stand of the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Katihar in connection with Balrampur P.S. Case No. 182 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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