Md. Nasir @ Nasir v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28893 of 2016 Arising Out of PS.Case No. -562 Year- 2014 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== Md. Nasir @ Nasir S/o Sultan .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Mostara Khatoon D/o Parijuddin, .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vikram Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kr.Tiwary 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-07-2016 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 Sections 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.28893 of 2016 (2) dt.14-07-2016 2/3 honour. A statement to that effect has been made in para 10 of the petition which reads as follows:- "That it is humbly stated that the petitioner still ready to live with the complainant with full honour and respect..." Similar was the stand of the petitioner before the learned Court below.

Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year 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, Purnia, in connection with Complaint Case No.562/2014, 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

Patna High Court Cr.Misc. No.28893 of 2016 (2) dt.14-07-2016 3/3 harmony is substantially restored (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) Ashwini/- U T