IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 33326 of 2010 Mohammad Noor Azam @ Md.Azim, son of Gulam Mustafa, resident of Village – Usari Haraipur, P S – Basantpur, District – Siwan -Petitioner Versus STATE OF BIHAR -Opposite Party ----------- 2 21.12.2010 The petitioner apprehends arrest in Sidhwaliya Police Station Case No 43 of 2010 arising out of Complaint Case No 653 of 2010 instituted under Sections 498A, 406 of Indian Penal Code and pending before Chief Judicial Magistrate, Gopalganj. It is not in dispute that the marriage was solemnised in the year, 2003. The couple are issueless. Petitioner is the husband. Complainant is the brother of the wife of the petitioner. On behalf of petitioner, it is submitted that the couple being issueless for over seven years and for some other reasons, petitioner, being Muslim, decided to divorce the complainant’s sister that is his wife. The intimation of divorce, having been sent, triggered the present complaint. Complainant has appeared. Learned counsel for the complainant submits that police has found, in course of investigation, the divorce papers to be forged. Learned lawyer for the petitioner submits that under Muslim Law, mere expression of divorce to the knowledge of other side is sufficient and it matters little whether police found the document to be forged and otherwise. It is only a pressure tactics being applied to get the dead marriage alive. Be that as it may, in the facts and circumstances of the case, in the event of his arrest/surrender within four weeks from today, the petitioner abovenamed shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount 2 each to the satisfaction of Arresting Authority/Chief Judicial Magistrate, Gopalganj in Sidhwaliya Police Station Case No 43 of 2010 dated 06.05.2010 arising out of Complaint Case No 653 of 2010 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. M.E.H./ (Navaniti Prasad Singh)