Abdul Mannan @ Hannan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10707 of 2015 Arising Out of PS.Case No. -36 Year- 2013 Thana -MAHILA P.S. District- KISANGANJ ====================================================== Abdul Mannan @ Hannan .... .... Petitioner

Versus

1. The State of Bihar.

2. Habiba Khatoon.

.... .... Opposite Parties.

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

For the Petitioner : Mr. Sarangdhar Jha, Advocate. For the State : Mr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-03-2015 Heard the learned counsels for the petitioner and the State.

The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323 and 498A/34 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 informant as wife with full dignity and honour, a statement to that effect has been made in paragraph no. 6 of the petition which reads as follows:- "13. That the petitioner is ready to keep the informant as wife with full respect and dignity but she is not ready to live with the petitioner as wife due to reason best known to him. The informant herself deserted the petitioner."

Patna High Court Cr.Misc. No.10707 of 2015 (2) dt.17-03-2015 2 / 2 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 Kishanganj Mahila P.S. Case No. 36 of 2013 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Kishanganj, 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 informant and on her appearance the petitioner will take the informant to keep her as wife with full dignity and honour.

The provisional bail of the petitioner will 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 informant 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