Md. Munstsir @ Muntasir v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38555 of 2014 Arising Out of PS.Case No. -1876 Year- 2013 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== Md. Munstsir @ Muntasir @ Muntasir son of Sheikh Kashim, resident of Village-Bhamra, P.S.-Sadar, District-Purnea .... .... Petitioner/s

Versus

1. The State of Bihar

2. Bibi Sagupta Khatoon wife of Md. Munstsir @ Muntasir, daughter of Md. Badruddin, resident of Village-Bhamra, P.S.-Sadar, DistrictPurnea .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Ram Prawesh Kumar For the Opposite Parties : Mr. Sangita Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-05-2015 Petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences under Sections 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The basic accusation is torture for nonfulfilment of dowry demand. The petitioner and the complainant are present. The petitioner is denying the factum of marriage with the complainant whereas complainant claims to have married with the petitioner on 27.08.2012 and she wants to resume the conjugal life.

Considering the fact that factum of marriage is in dispute, let the petitioner, above named, in the event of his

Patna High Court Cr.Misc. No.38555 of 2014 (4) dt.19-05-2015 2/2 arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for six months, 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, Purnea in connection with Complaint Case No. 1876 of 2013. Let learned Court below conduct an enquiry with regard to the factum of marriage between the petitioner and the complainant. If learned Court below comes to the conclusion that petitioner had not validly married with the complainant then the provisional bail of the petitioner will be confirmed by learned Court below. But, if learned Court below comes to the conclusion otherwise then petitioner will surrender and pray for regular bail.

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