Haidar Ansari @ Haidar Ali Ansari v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36759 of 2016 Arising Out of PS.Case No. -828 Year- 2014 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================
1. Haidar Ansari @ Haidar (ali) Ansari Son of Kurban Ansari, resident of village- Bisaini Kala, Police Station- Rajpur, District- Rohtas at Sasaram. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Shahnaj Khatoon son of Shahbudin Ansari and Wife of Haidar Ansari, resident of Village- Bishaini Kalal, Police Station- Rajpur, District- Rohtas at Sasaram, At Present-resident of Village- Tekanpura, Police Station Suryapura, District- Rohtas at Sasaram.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramchandra Singh For the Opposite Party/s : Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-08-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which processes were directed to be issued after cognizance being taken under Section 498A of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act.
The basic accusation is of torture for non fulfillment of dowry demands.
On instruction it is submitted that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. Statement to the
Patna High Court Cr.Misc. No.36759 of 2016 (2) dt.24-08-2016 2/3 aforesaid effect has been made in paragraph no. 9 of the petition which reads as follows:
"That petitioner is husband of the complainant/ Opposite party no. 2 and petitioner is ready to keep his wife/ Opposite Party no. 2 with due dignity in accordance with his financial capacity."
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 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Bikramganj in connection with Complaint Case No. 828 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.
Let the learned court below issue notice to the complainant and 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 the 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)
Patna High Court Cr.Misc. No.36759 of 2016 (2) dt.24-08-2016 3/3 if the complainant deliberately gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Anil/- U T