Md. Kausar @ Md. Kaushar Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36368 of 2016 Arising Out of PS.Case No. -60 Year- 2016 Thana -PALASI District- ARRARIA ====================================================== Md. Kausar @ Md. Kaushar Alam son of Maulvi Basir. .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Rana, Adv. For the Opposite Party/s : Mr. Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-08-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A, 323 and 504/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for non-fulfillment of the dowry demand.

It is submitted by the learned counsel for the petitioner that the petitioner admits his marriage with the informant and is ready to keep her as wife with full dignity and honour, statement to that effect has been made in para 10 of the petition which reads as follows:- "That the petitioner is husband of the informant and always ready to keep her with full honour, dignity, love, affections and all desirous."

Patna High Court Cr.Misc. No.36368 of 2016 (2) dt.23-08-2016 2/3 It is further submitted that similar was the stand of the petitioner before the learned court below but the informant declined to accept the offer of the petitioner which gets reflected from the impugned order. Moreover, the petitioner has also filed Matrimonial Suit No. 17 of 2016 for restoration of conjugal right. It is further submitted that similar was the stand of the petitioner before the learned court below which gets reflected from the impugned order.

Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year 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 ACJM-3rd, Araria in connection with Palasi P.S. Case No. 60 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the informant for her appearance when the petitioner will take the informant to her matrimonial house to keep her as wife with full dignity and honour.

The provisional bail of the petitioner will be

Patna High Court Cr.Misc. No.36368 of 2016 (2) dt.23-08-2016 3/3 confirmed by the learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the informant failed to appear or (iii) if the informant deliberately refuses to reside with the petitioner.

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