Shalik Raza v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39395 of 2014 Arising Out of PS.Case No. -108 Year- 2014 Thana -BAUSI District- PURNIA ====================================================== Shalik Raza, S/o Md. Ayub, resident of village- Koua Nagar, Pani Sadara, P.S.- Baisi, District- Purnea .... .... Petitioner/s
Versus
1. State of Bihar
2. Afsana Khatoon, W/o Shalik Raza, resident of village- Koua Nagar, Pani Sadara, P.S.- Baisi, District- Purnea .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amit Kumar Anand, Advocate For the Opposite Party/s : Mr. Pradip Nr.Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2015 Heard learned counsel for the petitioner and the State.
The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Section 323, 498A, 379/34 of the Indian Penal Code.
The accusation is of torture for non-fulfillment of the dowry demand.
On instruction it is submitted by learned counsel for the petitioner that the petitioner is ready to keep the Informant as wife with full dignity and honour. Statement to that effect has been made in para 14 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
Patna High Court Cr.Misc. No.39395 of 2014 (2) dt.18-02-2015 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 Chief Judicial Magistrate, Purnea in connection with Baisi P.S. Case No. 108 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Let the learned court below issue notice to the informant 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) P.K./- U T