Jabiullah Shah @ Jabiullah v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37071 of 2016 Arising Out of PS.Case No. -61 Year- 2016 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Jabiullah Shah @ Jabiullah, son of Abdul Kalam, Shah, resident of village Bagha, P.S. Ghorasahan, district East Champaran .... Petitioner
Versus
1. The State of Bihar
2. Ashgari Khatoon, wife Jabiullah Shah, daughter of Neshar Shah, roev Shekhauna, P.S. Ghorasahan, district East Champaran .... Opposite Paries ====================================================== Appearance :
For the Petitioner : Mr. Ajay Kumar Singh, Adv. For the Opposite Parties : Smt. Asha Kumari, APP 197 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-08-2016 Heard the learned counsel for the petitioner and the State.
The petitioner, being the husband of the informant, apprehending arrest in a case registered under Sections 498A and 34 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act.
The basic accusation is of torture for non-fulfillment of dowry demand.
On instruction, it is submitted that the petitioner admits his marriage with the informant and is ready to keep the complainant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 9 of the petition, which reads as follows :
"......... the petitioner is ready to keep her with full honour and dignity."
It is, further, submitted that earlier also two complaint cases, i.e., Complaint Case Nos. 116 of 2013 and 849 of
Patna High Court Cr.Misc. No.37071 of 2016 (2) dt.29-08-2016 2014, with similar allegation, have been filed, which ended in compromise.
Considering the present stand of the petitioner, above named, 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/- (rupees ten thousand) with two sureties of the like amount each in connection with Ghorasahan P.S. Case No. 61 of 2016 to the satisfaction of the Subdivisional Judicial Magistrate, Sikarhna at Dhaka, East Champaran, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.
Let the learned Court below issue notice to the informant and on her appearance the petitioner will take the informant to keep her as wife with full dignity and honour. The provisional anticipatory 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 informant fails to appear before the learned Court below or (iii) if the informant deliberately gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) SA/- U √ T √