Md. Sattar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35239 of 2015 Arising Out of PS.Case No. -3089 Year- 2012 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Md. Sattar, son of Nazib Uddin Marhum .... .... Petitioner/s

Versus

1. State of Bihar

2. Md. Aslam, son of Nainuddin .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Narayan Mahto For the Opposite Party/s : Mr. Amit Kumar Rakesh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-08-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the daughter of the complainant is apprehending 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 accusation is of torture.

On instruction, learned counsel for the petitioner submits that the petitioner is ready to keep the daughter of the complainant as wife with full dignity and honour. A statement to that effect has been made in para 7 of the petition which reads as follows:- "7. That it is relevant to bring into notice before this Hon'ble Court that petitioner is ready to keep her peacefully with full dignity as wife without any demand

Patna High Court Cr.Misc. No.35239 of 2015 (2) dt.18-08-2015 2/2 and without any grievance."

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. 3089 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 daughter of the complainant for her appearance. On her appearance, the petitioner will take the daughter of the complainant to keep her as wife with full dignity and honour.

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 daughter of the complainant fails to appear before the learned court below or (iii) if the daughter of the complainant gets reluctant to reconcile the issue.

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