Amjad Ali v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22272 of 2015 Arising Out of PS.Case No. -8 Year- 2014 Thana -SAHODARA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Amjad Ali Son of Late Dowa Hakim, .... .... Petitioner/s

Versus

1. The State of Bihar

2. Tamanna Khatoon, W/o Amjad Ali, .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur, Adv. For the Opposite Party/s : Mr. Md. A.Haque Sahara (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-05-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 312, 341, 342, 379, 498A, 504 and 506/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The accusation is of torture for non-fulfilment of the dowry demand and due assault, the dead baby child was borne. The factum of marriage between the petitioner and the informant is admitted fact.

On instruction, learned counsel for the petitioner submits that the petitioner is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been

Patna High Court Cr.Misc. No.22272 of 2015 (2) dt.18-05-2015 2/3 made in para 13 of the petition which reads as follows:- "That it is submitted that the petitioner is ready to keep her with full dignity."

Learned counsel for the informant, on instruction, submits that the informant is ready to accept the offer of the petitioner.

Both sides agree to appear before the learned court below on 15th of June, 2015 when the petitioner will take the informant to keep her as wife with full dignity and honour. 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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah in connection with Sahodara P.S. Case No. 08 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the informant fails to appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue.

Patna High Court Cr.Misc. No.22272 of 2015 (2) dt.18-05-2015 3/3 Learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of the petition. (Dinesh Kumar Singh, J) Amrendra/- U T