Karun Ali @ Harun Ali v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8249 of 2015 Arising Out of PS.Case No. -59 Year- 2014 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Karun Ali @ Harun Ali .... .... Petitioner.

Versus

1. The State of Bihar.

2. Shahjahan Begam.

.... .... Opposite Parties.

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

For the Petitioner : Mr. Gajendra Nath Ojha, Advocate. For the State : Mr. S.D.Singh Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-03-2015 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, 504, 379 and 498(A)/34 of the Indian Penal Code.

The accusation is of torture for nonfulfillment of dowry demand. 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. 18 of the petition which reads as follows:- "18. That the petitioner was not only kept his wife with dignity and honour rather he is still

Patna High Court Cr.Misc. No.8249 of 2015 (2) dt.04-03-2015 2 / 3 ready to keep her but she herself does not ready to stay at the house of the petitioner. It is also relevant to state here that the petitioner is still ready to keep the complainant with dignity and honour if she desires to live with him".

Similar was stand of the petitioner before the learned court below.

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 Ara Mahila P.S. Case No. 59 of 2014(G.R. No. 1453 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 C.J.M., Bhojpur, Ara, 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

Patna High Court Cr.Misc. No.8249 of 2015 (2) dt.04-03-2015 3 / 3 court below (iii) or she gets reluctant to reconcile the issue.

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