Md. Sahabuddin v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39993 of 2014 Arising Out of PS.Case No. -6 Year- 2013 Thana -MAHILA P.S District- SUPAUL ======================================================

1. Md. Sahabuddin Son of Md. Riyaz Resident of Village-Chakla Dehariya, P.S.-Chttapur, District-Supaul.

.... .... Petitioner

Versus

1. The State of Bihar

2. Bibi Gulshan Khatoon D/o Md. Kashim Resident of Village-Sakhero, P.S.-Pipra, District-Supaul.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Sanjay Kumar Singh For the Opposite Parties : Mr. Rajendra Singh Shastri Ji (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-04-2015 Petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 323, 341, 494, 498A, 506/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfilment of dowry demand. The petitioner and the informant are present. The petitioner is still ready to keep the informant with dignity and honour and accepts the performance of second marriage. The informant accepts the offer of the petitioner. The factum of marriage between the petitioner and the informant and birth of four children are admitted facts.

Both sides agree to appear before learned

Patna High Court Cr.Misc. No.39993 of 2014 (3) dt.28-04-2015 2/2 Court below on 11th of May, 2015 when the petitioner will take the informant along with their children to her matrimonial house to keep them with full dignity and honour. Considering the present stand of the 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, Supaul in connection with Supaul(Mahila) P.S. Case No. 6 of 2013. 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