Zakir Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33889 of 2015 Arising Out of PS.Case No. -53 Year- 2015 Thana -DIGHALBANK District- KISANGANJ ======================================================

1. Zakir Alam S/o Hasmuddin, Resident of village- Kharibasti Mustafaganj, P.S.- Dighalbank, District- Kishanganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Muneja Khatoon W/o Zakir Alam, resident of village- Kharibasti Mustafaganj, P.S.- Dighalbank, District- Kishanganj. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Ataur Rahman For the Opposite Party/s : Mr. Sharda Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-08-2015 Petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 323, 341, 379, 498A, 504, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. The basic accusation is of torture.

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 8 of the petition. The relevant portion of which reads as follows:- ".........................wherea s the husband of the informant(petitioner) want to keep his wife with full honour and dignity"

Considering the present stand of the

Patna High Court Cr.Misc. No.33889 of 2015 (2) dt.13-08-2015 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 Sub-Divisional Judicial Magistrate, Kishanganj in connection with Dighalbank P.S. Case No. 53 of 2015.

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