IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18136 of 2011 Shamshad Khan @ Shamshad Kha Versus The State Of Bihar & Ors -----------
3. 24.06.2011. Heard the learned counsels for the
petitioner, complainant and the State.
The petitioner being the husband is
apprehending his arrest in complaint case in
which cognizance has been taken under
Section 498A of the Indian Penal Code.
The marriage was performed twenty
years ago. There is eleven year child out of
wedlock.
On instructions, both sides are
ready for resumption of conjugal life.
In that view of the matter, let the
petitioner, above named, be released on
provisional anticipatory bail for six months
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. 681 of 2010 on furnishing
bail bond of Rs.10,000/-(Ten Thousand) with
two sureties of the like amount each to the
satisfaction of the learned J.M. Kaimur at
Bhabua, subject to the conditions as laid
2
down under Section 438(2) of the Code of
Criminal Procedure.
Let the petitioner and complainant
appear before the learned court below on
25.07.2011 when the petitioner will take
back the complainant to keep her as wife
with full dignity and honour.
The provisional bail of the
petitioner will be confirmed by the learned
court below in two eventualities if the
matrimonial harmony is restored
substantially within six months or the wife
deliberately refuses to reside with the
petitioner.
U. K. ( Dinesh Kumar Singh, J)