Md. Majnu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45107 of 2014 Arising Out of PS.Case No. -1568 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Md. Majnu Son of Md. Israil Resident of village - Minapur Pandey, Tola, P.S. Minapur, District - Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Seema Khatoon, Wife of Md. Majnu, Daughter of Md. Nazir, Village - Kerma Dih, P>S. Kurhani, District - Muzaffapur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Mr. Smt.Sucheta Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 22-06-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code and 4 of Dowry Prohibition Act. The basic accusation is of torture for nonfulfillment of the dowry demand. In pursuance to the notices being issued vide order dated 18.12.2014 the complaint and the petitioner are

Patna High Court Cr.Misc. No.45107 of 2014 (04) dt.22-06-2015 2/3 present. The petitioner is apprehensive about the erratic behaviour of the complainant whereas the complainant submits that she is ready to resume conjugal life.

It is submitted by learned counsel for the petitioner that during the pendency of the present application the learned court below has awarded a maintenance of Rs..1,000/- per month, which is being paid by the petitioner. Counsel for the complainant submits that the complainant will forgo the maintenance amount if the petitioner allows to resume the conjugal life.

In the circumstances, let the above named petitioner be released on provisional anticipatory bail for six months in the event of his arrest or 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 Subdivisional Judicial Magistrate, East, Muzaffarpur in connection with Complaint Case No. 1568 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The petitioner and the complainant undertake to appear before the learned court below on 6th of July, 2015 when the learned court below will make effort to reconcile the issue

Patna High Court Cr.Misc. No.45107 of 2014 (04) dt.22-06-2015 3/3 between the parties and if the issue is reconciled between the parties then the learned court below will be at liberty to confirm the provisional bail of the petitioner otherwise the petitioner will surrender and pray for regular bail.

(Dinesh Kumar Singh, J) DKS/- U T