IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellanious No.16854 of 2011
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Md. Aarif Hussain, Son of Md. Nasim Akhtar, Resident of Village Markan,
P.S. Hussain Ganj, District Siwan, presently residing at Block Office –
Mahnar, P.S. Mahnar, District Vaishali.
…. …. Petitioner
Versus
1.The State of Bihar
2. Harzana Khatoon, Wife of Arif Hussain, At present resident of
Kharyamma, P.S. Mahnar, District Vaishali.
…. …. Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Surendra Kishore Thakur, Adv.
For the Informant : Mr. Anil Kumar, Adv.
For the State : Mr. Lalan Kumar, A.P.P.
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3 11-07-2011 Heard learned counsel for the petitioner, learned counsel
for the complainant-informant and learned Additional Public
Prosecutor for the State.
Petitioner is named accused in this case instituted on the
basis of Complaint Case No. C-1-2982 of 2010 being husband of
the complainant-informant. During course of argument, it is
submitted that though before the court below the petitioner refused
to join the company of the complainant-informant but now his
mind has been changed and with all fairness and dignity he intend
to resume the conjugal life with the complainant-informant who is
the solitary wife of the petitioner.
Considering the facts and circumstances of the case,
subject to filing of a petition by petitioner before the court below
clearly stating his intention and the complainant-informant joining
the company of the petitioner with her sweet will, in the event of
his arrest/surrender before the court below within four weeks of
receipt of the copy of this order, petitioner, namely, Md. Aarif
Hussain, is directed to be released on bail on furnishing bail bond
of Rs. 10,000/- (ten thousand only) with two sureties of the like
amount each to the satisfaction of Chief Judicial Magistrate,
Vaishali at Hajipur, in connection with Mahnar P.S. Case No. 157
of 2010, subject to condition laid down under Section 438 (2) of
the Criminal Procedure Code with additional condition that the
petitioner with his wife shall remain physically present before the
court below on each and every date at least for two years or till
disposal of the case, whichever is earlier. During the period, the
court below shall have regularly watch over the conduct of the
couple and on being satisfied pass reasonable order in accordance
with law towards disposal of the case at any earlier point also. In
case of failure on two consecutive dates without any reasonable
explanation, the liberty granted shall be deemed to be cancelled.
Praveen/- (Akhilesh Chandra, J)