Afazal Hussain v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11214 of 2016 Arising Out of PS.Case No. -122 Year- 2014 Thana -CHENARI District- SASARAM (ROHTAS) ======================================================

1. Afazal Hussain son of Sagir Ahmad, resident of Village- Telari, P.S.- Chenari, District- Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rubina Bano, wife of Afazal Hussain, resident of Village- Telari, P.S.- Chenari, District- Rohtas. at present House No.284, Prem Nagar, Khora Colony, Gaziabad (U.P.) .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. T.N.Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-03-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioner on instruction that petitioner admits his marriage with the informant and is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 6 of the petition which reads as follows:- "That the petitioner is the husband of the informant and is ready to keep her with all love and human dignity."

Patna High Court Cr.Misc. No.11214 of 2016 (2) dt.08-03-2016 2/2 Considering the aforesaid 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 six months 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, VII, Rohtas at Sasaram in connection with Chenari P.S. Case No. 122 of 2014.

Let learned Court below issue notice to the informant and fix a date for her appearance. On appearance, the petitioner will take the informant to her matrimonial house to keep her as wife with full dignity and honour. 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 six months (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) Shageer/- U T