Md. Aftab @ Md. Aftab Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29092 of 2016 Arising Out of PS.Case No. -62 Year- 2016 Thana -MAUZAHIDPUR District- BHAGALPUR ====================================================== Md. Aftab @ Md. Aftab Alam, S/o Late Md. Moti the resident of village/Mohalla-Husainpur, P.S.- Mojahidpur, District- Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sajiya Rahmani, D/o Late Md. Nurullah, resident of village- Husainpur, P.S.-Habibpur, District- Bhagalpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Swapnil Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-07-2016 The matter has been listed under the Heading to be mentioned for certain query.

Heard learned counsel for the petitioner and the State.

The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 498A, 504, 506, 354/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The basis accusation is of torture for nonfulfillment of dowry demand. It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the informant, but the petitioner has already given talak to the informant and he is ready to remarry with the informant

Patna High Court Cr.Misc. No.29092 of 2016 (2) dt.25-07-2016 as per Muslim rites. The impugned order reflects that similar was the stand of the petitioner before the learned court below and the informant accepted the offer of the petitioner.

Considering the factum of talak is in dispute, let the above named petitioner be released on provisional anticipatory bail for six months in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Mojahidpur P.S. Case No. 62 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The provisional bail of the petitioner will be confirmed within six months by the learned court below if the issue will be reconciled between the parties, but if the issue could not be reconciled due to latches on the part of the petitioner, then petitioner will surrender and pray for regular bail.

(Dinesh Kumar Singh, J) P.K./- U