Md. Afzal v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2371 of 2019 Arising Out of PS. Case No.-2770 Year-2017 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Md. Afzal, Male, aged about 24 years, Son of Md. Israil Ansari, Resident of Village - Fatehpur Kamli, P.S.-Mahnar, Dist-Vaishali ... ... Petitioner/s
Versus
1. The State of Bihar and anr Bihar
2. Jewa Khatoon, D/o- Anwar Ansari, Resident of Village - Jaruah, Matwalwa Akhara, P.S.- Hajipur Nagar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subodh Prasad For the Opposite Party/s :
Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-01-2019 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code.
The prosecution case as per the complainant is that marriage between the complainant and the petitioner was performed on 10.11.2016. But Subsequent to the marriage, further dowry demand of Rs. 50,000/- and gold chain was made and due to non-fulfillment of the same torture has been inflicted
Patna High Court Cr.Misc. No.2371 of 2019(2) dt.21-01-2019 2/3 upon the complainant by the accused persons and ultimately, on 01.11.2017, after snatching all her belongings, all the accused persons drove out the complainant from her matrimonial house. Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour, statement to that effect has been made in paragraph no. 1 of the petition, relevant portion of the same, reads as follows:- "The petitioner is husband and he wants to keep O.P. No. 2 Jewa Khatoon with full dignity."
It is further submitted that similar was the stand of the petitioner before the learned Court below which gets reflected from the impugned order itself.
Considering that present stand of the petitioner, let the above named petitioner 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, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali at Hajipur in connection with Complaint Case No. 2770 of 2017, subject to the conditions as laid down under Section 438(2) Cr. P.C.
Let the learned Court below issue notice to the
Patna High Court Cr.Misc. No.2371 of 2019(2) dt.21-01-2019 3/3 complainant for her appearance. On her appearance, the petitioner will take the complainant to keep her as wife with full dignity and honour.
The provisional bail of the petitioner will be confirmed by learned Court below in three eventualities (i) if the matrimonial harmony is substantially restored, or (ii) if the complainant fails to appear before the learned Court below, or (iii) if the complainant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Amrendra/- U T