Patna HC grants petitioner provisional anticipatory bail for one year in FIR involving IPC Sections 323, 379, 498A, 504. Bail conditioned on police appearance within 12 weeks; confirmable if harmony restored or wife refuses residence.
Provisional anticipatory bail for one year, bail bond Rs.10,000 with two sureties, appearance within 12 weeks.
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| IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46141 of 2012 ====================================================== |
|---|
Md. Kasim S/O Late Abdul Rajak R/O Village - Ram Nagar, P.S. Tandwa, District - Aurangabad ( Bihar ). |
| .... .... Petitioner. Versus 1. The State Of Bihar. 2. Sameema Khatoon W/O Md. Kasim R/O Village - Ram Nagar, P.S. Tandwa, District - Aurangabad, At Present Add. D/O Late Sadik Ansari, Vill. - Sanda, P.S. Amba, District–Aurangabad. .... .... Opposite Parties. |
| ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER |
| 3 21-02-2013 Heardthelearnedcounselsforthe |
petitioner, complainant and the State. |
The petitioner being the husband of the |
complainant is apprehending his arrest in complaint |
case in which cognizance has been taken for the |
offences punishable under Sections 323, 379, 498(A) |
and 504 of the Indian Penal Code. |
The accusation is of torture. |
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. |
The offer is acceptable to the learned counsel |
appearing for the complainant but the complainant isapprehensive due to past conduct of the petitioner. |
Both sides agree to appear before thelearnedcourtbelowon04.03.2013whenthe |
Patna High Court Cr.Misc. No.46141 of 2012 (3) dt.21-02-2013
2 / 2
petitioner will take back the complainant to her
matrimonial house to keep her as wife with full
dignity and honour.
Considering the stand of the parties, let
the petitioner, above named, 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 in connection with Complaint Case No. 653 of
2011 on furnishing bail bond of Rs.10,000/-(Ten
Thousand) with two sureties of the like amount each
to the satisfaction of the learned C.J.M.,
Aurangabad, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal
Procedure.
The provisional bail of the petitioner will
be confirmed by the learned court below in three
eventualities if the matrimonial harmony is restored
substantially within one year or the wife
deliberately refuses to reside with the petitioner
or she fails to appear before the learned court
below.
(Dinesh Kumar Singh, J)
U.K./-
2 issues framed by the court
Whether the petitioner entitled to provisional anticipatory bail pending trial in matrimonial torture case.
Whether conditions for confirmation of bail upon restoration of matrimonial harmony are sustainable.
1 provisions across 1 enactments
Md. Kasim
The State Of Bihar
Sameema Khatoon
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court