Samsuddin Ansari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24485 of 2016 Arising Out of PS.Case No. -611 Year- 2015 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Samsuddin Ansari, son of Wakil Mian .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ambeya Khatoon @ Sambeya Khatoon wife of Samsuddin Ansari .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Mukesh Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-05-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 341, 323 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 9 of the petition which reads as follows:- "That the petitioner has always been/is ready to keep her with full dignity and honour, respect and comfort, safety and security."

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.24485 of 2016 (2) dt.31-05-2016 2/2 informant that informant is ready to accept the offer of the petitioner.

Both sides agree to appear before learned Court below on 27th of June, 2016, when the petitioner will take the informant to her matrimonial house to keep her as wife with full dignity and honour.

Considering the aforesaid stand of the parties, 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 one year on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Muffasil P.S. Case No. 611 of 2015.

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 one year (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