Rizwan Alam @ Md. Rizwan Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29278 of 2015 Arising Out of PS.Case No. -103 Year- 2014 Thana -SHASTRINAGAR District- PATNA ======================================================

1. Rizwan Alam @ Md. Rizwan Alam S/o Md. Zulfequar Ahmad Resident of Bhatkuiyan Barauli, P.S. Barauli, District Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Talat Praveen D/o Md. Anwer Alam Resident of Raza Bazar Samanpura, Indrapuri Colony, Near Noori Market, B-side, Road No. 2, P.S. Shastri Nagar, District Patna.

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

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Pushpa Sinha-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-07-2015 Petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A/34 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. On instructions, it is submitted by learned counsel for the petitioner that petitioner is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 11 of the petition which reads as follows:- "That the petitioner is ready to keep the informant with full dignity and honour as his house" Considering the present stand of the

Patna High Court Cr.Misc. No.29278 of 2015 (2) dt.14-07-2015 2/2 petitioner, 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 Chief Judicial Magistrate, Patna in connection with Shastri Nagar P.S. Case No. 103 of 2014. Let learned Court below issue notice to the informant and fix a date for her appearance. On appearance, the petitioner will take the informant to her matrimonial house to keep her as wife with full dignity and honour. 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