Nunu Safi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75000 of 2018 Arising Out of PS. Case No.-341 Year-2016 Thana- COMPLAINT CASE District- Supaul ====================================================== Nunu Safi, Son of Mohram Safi, Resident of Village-Bhimpur near Railway Dhala, P.S. Bhimpur, Distt.-Supaul ... ... Petitioner/s

Versus

1. State Of Bihar and Anr

2. Sajuran Khatoon, D/o of Md. Yunus Safi, Resident of Village-Sitapur, P.S.Birpur,Distt.-Supaul ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nagendra Upadhyay For the Respondent/s :

Mr. Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-01-2019 Heard learned counsels for the petitioner and the State.

The petitioner, being the husband of the complainant is apprehending arrest in a case, wherein process has been directed to be issued after cognizance being taken for the offence punishable under Section 498A of the Indian Penal Code.

The prosecution case as per the complaint petition is that the marriage between the complainant and the petitioner was performed on 06.08.2012, thereafter, she was blessed with two daughters and one son, but subsequently, torture was inflicted upon her for non-fulfillment of dowry demand of Rs. 60,000/-. An effort was made to reconcile the matter, but the in-

Patna High Court Cr.Misc. No.75000 of 2018(2) dt.15-01-2019 2/3 laws' family members continued torturing the informant. Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant. The petitioner is still ready to keep the complainant as wife with full dignity and honour, a statement to that effect has been made in para 14 of the petition which reads as follows:- "14. That the petitioner is husband and he is ready to keep her with full respect and dignity to the complainant."

It is further submitted by learned counsel for the petitioner that earlier also the similar was the stand of the petitioner before the learned court below which gets reflected from the impugned order.

Learned APP submits that the thrust of accusation was against the petitioner.

Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for six months in the event of 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 J.M. Birpur, Supaul in connection with Complaint Case No. 341C of 2016 subject to the conditions as laid down under Section 438(2) Cr.P.C.

Patna High Court Cr.Misc. No.75000 of 2018(2) dt.15-01-2019 3/3 Let the learned Court below issue notice to the complainant for her appearance. On her appearance, the petitioner will take the complainant to keep her as wife with full dignity and honour.

The provisional bail of the petitioner will be confirmed by learned Court below in three eventualities (i) if the matrimonial harmony is substantially restored, or (ii) if the complainant fails to appear before the learned court below, or (iii) if the complainant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T