Mohammad Afroz @ Afroz v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13282 of 2015 Arising Out of PS.Case No. -3701 Year- 2013 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Mohammad Afroz @ Afroz .... .... Petitioner/s
Versus
State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Ahmad Ali (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-03-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint filed with accusation under Sections 498A,379 and 385 of the Indian Penal Code. The basic accusation is of torture for non fulfillment of dowry demands.
On instructions, it is submitted that the petitioner is ready to keep the complainant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 11 of the petition which reads as follows: "That the petitioner is still ready to keep the complainant with full dignity and honor."
Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory
Patna High Court Cr.Misc. No.13282 of 2015 (2) dt.31-03-2015 2/2 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 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM Araria in connection with Complaint Case No. 3701C of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C.
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 be confirmed by the learned court below in three eventualities - (i) if the matrimonial harmony is substantially restored or (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant deliberately gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Anil/- U T