Md. Akbar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35230 of 2016 Arising Out of Complaint Case No.. -3024 Year- 2015 Thana -KATIHAR COMPLAINT CASE District- KATIHAR ====================================================== Md. Akbar S/o Md. Sayeed R/o Jagdishpur, P.S.-Barari, District- Katihar .... .... Petitioner/s
Versus
1. The State of Bihar
2. Sahjadi Khatoon, D/o - Md. Yasin, R/o Jagdishpur, P.S.- Barari, DistrictKatihar at Present R/o Raghunichak, P.S.- Mansahi .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Smt. Pronati Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-08-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and 4 of the Dowry Prohibition Act.
The accusation is of torture for non-fulfillment of the dowry demand.
Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant. Though,
Patna High Court Cr.Misc. No.35230 of 2016 (2) dt.17-08-2016 2/3 the impugned order reflects that the issue could not be resolved since the petitioner was not ready to settle the issue, but now the petitioner is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in paragraph no.11 of the petition which reads as follows:- "That it is submitted here that the petitioner is always ready to keep the complainant/wife with full dignity, love and honour of his Muslim customs and society which she deserves." 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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Katihar, in connection with Complaint Case No.3024/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
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
Patna High Court Cr.Misc. No.35230 of 2016 (2) dt.17-08-2016 3/3 by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (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) Ashwini/- U T