Firoj Khan @ Firoz Khan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27654 of 2015 Arising Out of PS.Case No. -2227 Year- 2012 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Firoj Khan @ Firoz Khan Son of Taimulllah Khan resident of Villagebhuliya Agarwa, P.s Taraiya sujan Distt- Padrauna (U.P) .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Hazara Khaton wife of Khan At Presnet D/o Sk. Hanif , resident of Village Chaudhary Chapar, P.s Bhorey, Distt Gopalganj. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Parmanand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner being husband of the complainant is apprehending arrest in a complaint case in which cognizance has been taken under sections 498-A, and 406 of the Indian Penal Code.

The basic accusation is of torture for non fulfillment of dowry demands.

On instruction, learned counsel for the petitioner submits that the petitioner is ready to keep the complainant as wife with full dignity and honour, though the statement to this effect has not been made in paragraph no. 8 of the petition which reads as follows :- "That from very beginning, stand of the petitioner is that he is ready to live with

Patna High Court Cr.Misc. No.27654 of 2015 (2) dt.22-07-2015 Opposite Party No. 2 which is mentioned in the complaint 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 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 the learned Sub-divisional Judicial Magistrate, Gopalganj in connection with Complaint Case No 2227 of 2012/Tr. No. 3742 of 2015 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973.

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 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) Amin/- U