Md. Jamil Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21864 of 2016 ====================================================== Md. Jamil Ansarison of Md. Islam Ansari.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha, Adv For the Opposite Party/s : Mr. R.S.Choudhary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-05-2016 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 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-fulfilment of the dowry demand.

Learned counsel for the petitioner submits that the 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 7 of the petition which reads as follows:- "That the petitioner is the husband of the informant and he is ready to keep her with full respect and dignity which she deserves."

It is further submitted that similar was the stand of the

Patna High Court Cr.Misc. No.21864 of 2016 (2) dt.17-05-2016 2/3 petitioner before the learned court below. The impugned order reflects that the informant was ready to accept the offer of the petitioner when the bail application of the petitioner was disposed of with a direction to surrender along with the informant before the learned court below and make prayer for regular bail when the learned court below was directed to grant provisional bail to the petitioner for a period of six months but it is submitted that due to non-appearance of the informant, the petitioner could not furnish the bail bonds.

Considering the above facts, let the above named petitioner be released on provisional anticipatory bail for three months 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 CJM, Sitamarhi in connection with Sonbarsa P.S. Case No. 211 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. Let the learned court below issue notice to the informant for her appearance. On her appearance, the petitioner will take the informant to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial

Patna High Court Cr.Misc. No.21864 of 2016 (2) dt.17-05-2016 3/3 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.

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