Md. Mister v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10860 of 2015 Arising Out of PS.Case No. -263 Year- 2012 Thana -COMPLAINT CASE District- SUPAUL ======================================================

1. Md. Mister son of Badrujama, Resident of village- Indrarpur, P.S.- Chhatapur, District- Supaul .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ranjum Khatoon wife of Md. Mistar Daughter of Md. Ahasan resident of village- Jhakhargah, P.S. Chhatapur, District- Supaul .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Jha For the Opposite Party/s : Mr. Jitendra Kumar Roy-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-04-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which processes were directed to be issued after cognizance being taken under Section 498A 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

Patna High Court Cr.Misc. No.10860 of 2015 (2) dt.28-04-2015 2/3 made in paragraph no. 7 of the petition which reads as follows:

"That the petitioner namely Md. Mister is the husband of complainant and he is ready to keep his wife with all respect and love."

Considering the present stand of the petitioner, let the above named petitioner 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, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM Supaul in connection with Complaint Case No. 263C of 2012 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

Patna High Court Cr.Misc. No.10860 of 2015 (2) dt.28-04-2015 3/3 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