Md. Rashid @ Rasid v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20808 of 2016 Arising Out of Complaint Case No. -3634 Year- 2012 Thana -PURNIA COMPLAINT CASE District- PURNIA ====================================================== Md. Rashid @ Rasid Son of Md. Saiful .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sanjida Khatoon daughter of Sheikh Alumuddin .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Kumar Anand, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-05-2016 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 and 4 of the Dowry Prohibition Act.

The accusation is of torture for non-fulfillment of the dowry demand.

Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and he is ready to keep the complainant as wife with full dignity and

Patna High Court Cr.Misc. No.20808 of 2016 (2) dt.10-05-2016 2/3 honour. A statement to that effect has been made in para 12 of the petition which reads as follows:- "That the petitioner is still ready to keep her and maintain the complainant with honour and full dignity." Considering the fact that the learned magistrate took cognizance against the petitioner on 29.07.2013 and present stand of the petitioner, let him be released on provisional anticipatory bail for four months in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Purnea, in connection with Complaint Case No.3634/2012, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the 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 (ii) if the complainant fails to

Patna High Court Cr.Misc. No.20808 of 2016 (2) dt.10-05-2016 3/3 appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue.

(Dinesh Kumar Singh, J) Ashwini/- U T