Md. Nasim Ansari v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4661 of 2015 ====================================================== Md. Nasim Ansari, S/o Hazrat Ali, resident of village- Hasanpurwa, P.O. and P.S.- Chakia, District- East Champaran .... .... Petitioner/s
Versus
1. State of Bihar
2. Shabana Khatoon, W/o Md. Nasim Ansari, D/o Shahnaz Ansari, R/o village- Kalyanpur, Tola Alola, P.O. and P.S.- Kalyanpur, District- East Champaran .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pravin Kumar, Advocate For the Opposite Party/s : Mr. M.K.Khare(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-02-2015 Heard learned counsel for the petitioner and the State.
The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code.
The accusation is of torture.
On instruction it is submitted by learned counsel for the petitioner that the petitioner is ready to keep the complainant as wife with full dignity and honour. Considering the present stand of the parties, let the above named petitioner be released on provisional anticipatory bail for one year in the event of his arrest or surrender before the learned court below within a period of twelve weeks from
Patna High Court Cr.Misc. No.4661 of 2015 (2) dt.04-02-2015 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, Sadar Motihari, East Champaran in connection with Complaint Case No. 2921 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Let the learned court below issue notice to the complainant 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 within one year 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; and (iii) or if the complainant fails to appear before the learned court.
(Dinesh Kumar Singh, J) P.K./- U T