Md. Hasib v. State Of Bihar and Anr.
Case brief
What is this about?
The Patna High Court granted provisional anticipatory bail to a petitioner facing Section 498A charges for torture, contingent on restoring matrimonial harmony by May 20, 2013, or confirmation upon the complainant's refusal to reside with him.
What did the court decide?
Provisional anticipatory bail granted for one year, conditional upon appearance on May 20, 2013, to settle disputes or confirmation if harmony restored.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5735 of 2013
====================================================== Md. Hasib son of Late Doman .... .... Petitioner/s Versus State Of Bihar & Anr .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 4 02-05-2013 Petitioner being husband of the complainant is apprehending his arrest in a complaint case in which cognizance has been taken under Section 498A of the I.P.C. Accusation is of torture. It is submitted by learned counsel for the petitioner that petitioner is ready to keep the complainant as wife with full dignity and honour. The offer is acceptable to the counsel appearing on behalf of the complainant. Both sides ready to appear before learned Court below on 20th of May, 2013, when the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour.
Considering the aforesaid stand of the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks
Patna High Court Cr.Misc. No.5735 of 2013 (4) dt.02-05-2013
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from today, be released on provisional anticipatory bail for one year on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Complaint Case No. 1799C of 2010.
Issues for consideration
2 issues framed by the court
Whether a husband facing charges under Section 498A IPC should be granted provisional anticipatory bail subject to matrimonial harmony.
Whether the petitioner is eligible for reward of provisional bail pending settlement of disputes.
Parties & counsel
- petitioner
Md. Hasib
- respondent
State Of Bihar
Coram
DINESH KUMAR SINGH
Case details
As recorded by the court registry
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