Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4531 of 2011 ====================================================== Tarique Anwar .... .... Petitioner/s Versus The State Of Bihar & Anr. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 7 12-03-2012 Heard learned counsels for the petitioner and the State. The petitioner being the husband is apprehending arrest in a case registered for the offences punishable under [STATUTE] . Vide order dated 29.08.2011, with the agreement of the parties, the matter was referred to the arbitrator. The report of arbitrator was produced before this Court where the reconciliation was finalized on following terms :- 1. Ms. Sana, Daughter of Dr. Asif Raza, will permanently separate from Mr. Tarique and both are free to live their own lives. Under Patna High Court Cr.Misc. No.4531 of 2011 (7) dt.12-03-2012 2 / 5 2 Islamic Law Since the Girl is asking for the separation this be called “ Khola” (opposed to Talaq when the boy asks for the separation). Steps may be taken to formulize this procedure. 2. All court cases concerning the above lodged by either party in any forum will be simultaneously and permanently withdrawn. 3. All ornaments gifted to Ms. Sana by her parents will be returned back to her and she in turn will return back the ornaments received from Mr. Tarique and family. On 19.10.2011 the parties were given liberty to resolve the issue with the help of Arbitrators with regard to exchange of the ornaments and to file appropriate application for compromise/withdrawal of the respective cases before the respective courts when matter was adjourned for 22nd of December of 2011. In an enclosed envelop a fresh report of Patna High Court Cr.Misc. No.4531 of 2011 (7) dt.12-03-2012 3 / 5 3 arbitrary has been submitted today, let it be kept on record, which is as follows :- 1. We the under signed arbitrators are happy to inform the court that as per the list of ornaments submitted by both the parties the gold and the silver ornaments have been returned back to the parties concerned (receipt attached) 2. Both the parties have agreed that for the final execution of the Khola Emarat-e-Sharia has fixed 16.01.2012 as a next date. Both the parties have agreed that they will present themselves at the Emarat-e-Sharia on that date and get the khola finally executed. 3. Ms. Sanobar Raza has also Patna High Court Cr.Misc. No.4531 of 2011 (7) dt.12-03-2012 4 / 5 4 given undertaking before us that all the cases (details given in the attached documents) will be withdrawn. It is submitted on behalf of the petitioner that though, he has filed an application for withdrawal of all the cases filed on his behalf but the present case has not been withdrawn by opposite party no.2 which was one of the pre- condition for the compromise. The contention of counsel for opposite party no.2 is that the present case has not been withdrawan since the divorce has been given conditionally and some of the jwelleries have not been returned by the petitioner’s side. So far as the contention of non-return of some of jwelleries are concerned, the present report of the arbitrator negates the said contention. Let opposite party no.2 file appropriate application for withdrawal/compromise before the learned court below with the joint signature of the petitioner specifying that the petitioner has finally divorced the opposite party no.2 when the learned court below will pass Patna High Court Cr.Misc. No.4531 of 2011 (7) dt.12-03-2012 5 / 5 5 an appropriate order within a period of three months. Considering the stand of the parties, let the above named petitioner, be released on anticipatory bail, in the event arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna in connection with Shastri Nagar P.S. Case No. 249 of 2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. Either party will be at liberty to file an appropriate application if either party violates the undertaking given before this Court. Amrendra/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 316

Statute Text:
Section 316 of the Indian Penal Code. Causing death of a quick unborn child by an act amounting to culpable homicide. Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.