Nafees Ahmad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8511 of 2015 Arising Out of PS.Case No. -399 Year- 2014 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ====================================================== Nafees Ahmad .... .... Petitioner

Versus

1. The State of Bihar.

2. Gulnaz Begam.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Mohammad Sufyan, Advocate. For the State : Mr. Shailendra Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-02-2015 Heard the learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498(A) of the Indian Penal Code.

The accusation is of torture for nonfulfillment of dowry demand. On instruction, it is submitted by learned counsel for the petitioner that the petitioner is ready to keep the complainant as wife with full dignity and honour, a statement to that effect has

Patna High Court Cr.Misc. No.8511 of 2015 (2) dt.27-02-2015 2 / 3 been made in paragraph no. 10 of the petition which reads as follows:- "10. That the petitioner is husband of the complainant and he is ready to keep his wife the complainant with all the honour and dignity." It is further submitted by learned counsel for the petitioner that efforts for reconciliation between the parties took place before the learned court below but ultimately it failed due to laches on the part of complainant.

Considering the present stand of the petitioner, let the petitioner, above named, 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 in connection with C.R. No. 399 of 2014, T.R. No. 348 of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Darbhanga, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Let the learned court below issue notice to the complainant and 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

Patna High Court Cr.Misc. No.8511 of 2015 (2) dt.27-02-2015 3 / 3 be confirmed by the learned court below in three eventualities i.e., (i) if the matrimonial harmony is substantially restored within one year (ii) or the complainant fails to appear before the learned court below (iii) or she gets reluctant to reconcile the issue.

U.K./- (Dinesh Kumar Singh, J) U T