Md. Jakir v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18967 of 2015 Arising Out of PS.Case No. -1101 Year- 2013 Thana -SAMASTIPUR COMPLAINT CASE District- SAMASTIPUR ======================================================
1. Md. Jakir Son of Md. Phool Hasan Resident of village - Sirsiya, P.S. Hasanpur, District - Samastipur ( Bihar ) .... .... Petitioner/s
Versus
1. The State of Bihar
2. Habiba Khatoon Wife of Md. Jakir & Daughter of Md. Anwar Resident of village - Sirisiya, P.S. Hasanpur, District - Samastipur ( Bihar ) .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vinay Kumar Mishra For the Opposite Party/s : Mr. Anuj Kumar Srivastava (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-07-2016 Petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were 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 petitioner admits his marriage with the complainant and a statement has been made in para 8 of the petition that petitioner is ready to settle the matrimonial dispute which reads as follows:- "That the petitioner is ready to settle the matrimonial dispute with the complainant."
Patna High Court Cr.Misc. No.18967 of 2015 (5) dt.25-07-2016 2/2 It is further submitted that complainant is neighbour of the petitioner, now the issue has been resolved and both are residing together.
Earlier also the matter was adjourned to enable the counsel for the complainant to seek instructions. It is submitted by learned counsel for the complainant that in spite of best efforts he is unable to get any information which suggests that the dispute has been resolved between the parties.
Considering the aforesaid facts, 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, Samastipur in connection with Complaint Case No. 1101 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/- U T