Mustakim Shah @ Md. Mustakeen Shah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8961 of 2015 Arising Out of PS.Case No. -229 Year- 2013 Thana -PHULPARAS District- MADHUBANI ====================================================== Mustakim Shah @ Md. Mustakeen Shah S/o Md. Gafoor Shah Resident of Village Laukaha, P.S. Laukaha, District Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Afsana Khatoon W/o Mustakim Shah @ Mustakeem Shah Resident of Village Laukaha, District Madhubani, presently residing with her father Md. Eliyash Shah, Resident of Village Sangi, P.S. Phulparas, District Madhubani.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Hirday Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-03-2015 Petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A/34 pf the I.P.C and Section 3⁄4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfilment of dowry demand. On instructions, it is submitted by learned counsel for the petitioner that petitioner is ready to keep the informant as wife with full dignity and honour and the informant was also ready to reconcile the issue before learned court below which gets reflected from the impugned order. Both sides agree to appear before learned Court below on 16th of March, 2015 when the petitioner will take the informant to her matrimonial house to keep her as wife with

Patna High Court Cr.Misc. No.8961 of 2015 (2) dt.04-03-2015 2/2 full dignity and honour.

Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for one year, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani in connection with Phulparas P.S. Case No. 229 of 2013.

The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of one year (ii) If the informant fails to appear before learned Court below (iii) If the informant is reluctant to reconcile the issue.

(Dinesh Kumar Singh, J) Sujit/- U T