Md. Shahid v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT

PATNA Criminal Miscellaneous No.26869 of 2015 Arising Out of PS.Case No. -1772 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Md. Shahid son of Md Suhail, resident of Mohalla -Barkat Khan ka Akhara, Khajurbana, P.S.-Khajekalan, Distt-Patna. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ladli Parveen @ W/O Md Shahid, D/O Md Naim, resident of Mohalla - Badhpur P.S. Parsa Bajar, Distt- Patna.

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

For the Petitioner/s : Mr. Sudish Kumar For the Opposite Party/s : Mr. Madhuranand Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-07-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant apprehends arrest in a complaint case instituted for the offences 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-fulfillment of dowry demands.

On instruction it is submitted by the learned counsel for the petitioner that the petitioner is ready to keep the informant as wife with full dignity and honour. Statement to the said effect

Patna High Court Cr.Misc. No.26869 of 2015 (2) dt.21-07-2015 2/2 has been made in paragraph no.10 of the petition. 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 his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Subdivisional Judicial Magistrate, Patna, in connectio0n with Complaint Case No. 1772(c) of 2013, subject to the conditions as laid down under section 438(2) Cr.P.C.

Let the learned court below issue notice to the complainant. 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 within one year by the learned court below in three eventualities(i) on substantial restoration of the matrimonial harmony; (ii) or if the informant gets reluctant to reconcile the issue; and (iii) or if the informant fails to appear before the learned court. (Dinesh Kumar Singh, J) B.Roy/- U T