IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.16200 of 2011
SAMIUL MAJEED @ GUDDU
Versus
THE STATE OF BIHAR
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2. 21.06.2011. Heard the learned counsels for the
petitioner, informant and the State.
The petitioner being the husband is
apprehending his arrest in a case registered
under Section 498A/34 of the Indian Penal
Code and Sections 3 and 4 of the D. P. Act.
Both sides are ready for resumption
of conjugal life. The contention of the
informant that the petitioner has performed
second marriage which is being denied by the
learned counsel for the petitioner.
On instructions, it is agreed that
both sides shall appear before the learned
court below on 25.07.2011 when the
petitioner will take back the informant to
her matrimonial home to keep her as wife
with full dignity and honour.
In the circumstances, 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
2
twelve weeks from today in connection with
Phulwarisharif P.S. Case No. 415 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 C.J.M. Patna, subject to the
conditions as laid down under Section 438(2)
of the Code of Criminal Procedure.
The provisional anticipatory bail of
the petitioner will be confirmed by the
learned court below in two eventualities
either the matrimonial harmony is restored
substantially within six months or the wife
deliberately refuses to reside with the
petitioner.
The informant will be at liberty to
file an application for cancellation of
anticipatory bail of the petitioner if it is
substantially proved that the petitioner has
performed second marriage.
Let the order be faxed to the
learned court below at the cost of the
petitioner.
U. K. ( Dinesh Kumar Singh, J)