Md. Jahangir v. State Of Bihar & Anr.

.... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 27-09-2013 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which cognizance has been taken under Section 498A of the Indian Penal Code. The basic accusation is of torture. On instruction, learned counsel for the petitioner submits that the petitioner is ready to keep the complainant as wife with full dignity and honour. Learned counsel for the complainant, on instruction, submits that the offer of the petitioner is acceptable to the complainant but she is apprehensive of the past conduct of the petitioner. Both sides agree to appear before learned court below on 30th of October, 2013 when the petitioner will take the complainant to keep her as wife with full dignity and honour. Considering the present stand of the parties, let the Patna High Court Cr.Misc. No.18873 of 2013 (3) dt.27-09-2013 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 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub- divisional Judicial Magistrate, Samastipur in connection with Complaint Case No. 1124 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C. 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 complainant fails to appear before the learned court below or (iii) if the complainant is reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Amrendra/-