High Court Patna High Court - Orders

Shamshad Khan @ Shamshad Kha vs The State Of Bihar & Ors on 24 June, 2011

Patna High Court – Orders
Shamshad Khan @ Shamshad Kha vs The State Of Bihar & Ors on 24 June, 2011
                   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)