Md. Kausar And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48606 of 2014 Arising Out of PS.Case No. -719 Year- 2013 Thana -COMPLAINT CASE District- KISANGANJ ======================================================
1. Md. Kausar son of Abdur Rauf
2. Abdul Rauf @ Abdur Rauf son of Muzahir Ali
3. Khadija Begum @ Khatija Khatoon wife of Abdur Rauf All resident of Village-Uttar Chapour P.S.-Chakiya, District-Uttar Dina Japur(W.B) .... .... Petitioner/s
Versus
1. The State of Bihar
2. Naima Khatoon wife of Md. Kaisar, resident of Village-Uttar Chapour, P.S.-Chakaliya, at present Village-Pipal Tola Patkoiee, P.S.-Kochachamn, District-Kishanganj .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner : Mr. Praveen Kumar Agrawal For the Opposite Party : Mr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-05-2015 Petitioner No. 1 being husband of the complainant and petitioner Nos. 2 and 3 being parents of petitioner No. 1 are apprehending their arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 147, 323, 498A 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 No. 1 and the complainant are present. The marriage between the petitioner No. 1 and complainant and birth of a female child are admitted facts. The petitioner No. 1 is ready to keep the
Patna High Court Cr.Misc. No.48606 of 2014 (4) dt.18-05-2015 2/3 complainant and their child with dignity and honour. The complainant accepts the offer of the petitioner No. 1. Both sides agree to appear before learned Court below on 2nd of June, 2015 when the petitioner No. 1 will take the complainant and their child to her matrimonial house to keep them with full dignity and honour.
Considering the present stand of the parties, let the petitioner No. 1, 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 Complaint Case No. C 719 of 2013. The provisional anticipatory bail of the petitioner No. 1 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 complainant fails to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue. Considering the present stand of the petitioner No. 1, let the petitioner Nos. 2 and 3, above named, in the event of their 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
Patna High Court Cr.Misc. No.48606 of 2014 (4) dt.18-05-2015 3/3 bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Kishanganj in connection with Complaint Case No. C 719 of 2013.
(Dinesh Kumar Singh, J) Shageer/- U T