IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.21648 of 2011
Md. Tauqueer @ Tauqueer son of late Md. Tabarak
Resident of village-Bisharia Jannatpur, P.S.-Bhargama,
District- Araria
Versus
The State of Bihar
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2. 8.7.2011. Heard learned counsel for the petitioner and learned
counsel for the State.
Apprehending his arrest in connection with Complaint
Case No.03 of 2010 registered for the offence under section 498A of
the Indian Penal Code, the petitioner has prayed for grant of bail.
In a case arising out of a complaint allegation has been
made that as the complainant failed to deliver a child she was
subjected to cruelty and the husband has married another lady.
Further allegation is that the complainant was ousted from her
matrimonial house on 25.12.2009.
Learned counsel for the petitioner submits that it is true
that marriage took place nearly six years back and the couple was
not blessed with any child, only thereafter the petitioner has married
again with another lady which is permissible under Mohammedan
Law. Learned counsel for the petitioner further submits that it is
false to allege that the complainant was ever subjected to cruelty and
the petitioner is ready to keep the complainant as his wife with
dignity and honour.
Taking into consideration the aforesaid submissions
made on behalf of the petitioner, let the petitioner, namely, Md.
Tauqueer @ Tauqueer in the event of his arrest or surrender before
the court below within a period of four weeks from the date of
2
communication of the order, be released on provisional bail for a
period of six months during which time the petitioner would make
endeavour to bring back his wife and keep her with dignity and
honour on furnishing bail bonds of Rs.5,000/- (five thousand) with
two sureties of the like amount each to the satisfaction of S.D.J.M.,
Araria in connection with Complaint Case No.03 of 2010.
It is made clear that if the petitioner would be able to
satisfy the court below after expiry of six months that the
complainant is being kept with dignity and honour and not subjected
to any cruelty or the complainant herself has deserted the petitioner,
the provisional bail so granted shall be confirmed by the court
below. In case the petitioner fails to satisfy the court in this regard
on expiry of six months, the petitioner would seek regular bail
which would be considered on its own merit without being
influenced in any manner by the order passed in this case.
Md.S. ( Ashwani Kumar Singh, J.)