Md. Bablu v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49271 of 2016 Arising Out of PS.Case No. -1323 Year- 2014 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ====================================================== Md. Bablu, Son of Md. Idrish, Resident of Village- Kheriyapar, P.S. Chautham, District- Khagaria.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Bibi Shairun Khatoon, wife of Md. Babloo, Resident of VillageKheriyapar, P.S. Chautham, District- Khagaria. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jai Kishor Poddar For the Opposite Party/s : Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-03-2017 Heard learned counsel for the petitioner and the State.
The petitioner who is the husband of the Complainant seeks anticipatory bail in Complaint Case No. 1323C of 2014, pending in the Court of Sub-Divisional Judicial Magistrate, Khagaria instituted for the offence under Sections 498(A) of the Indian Penal Code and Sections 4 of Dowry Prohibition Act.
The allegation against the petitioner is of committing torture to the complainant for non-fulfillment of demand of dowry.
The notices were issued to the opposite party
Patna High Court Cr.Misc. No.49271 of 2016 (4) dt.21-03-2017 2/3 No. 2 but neither service report was received nor opposite party no. 2 appeared.
It has been submitted on behalf of the petitioner that he is always ready to keep his wife with full honour and dignity.
Considering the aforesaid facts and circumstances of the case, the petitioner is directed to surrender before the court below and make prayer for regular bail along with an affidavit that he will keep his wife with full honour and dignity and in that event, the court below will enlarge the petitioner on provisional bail for a period of six months and issue notice to the complainant and try to reconcile the matter between the parties by calling them in court every month. If the court below succeeds in restoring conjugal relationship between husband and wife or the conjugal relation could not be restored on account of indifferent attitude of the wife or the wife does not appear before the court below even after issuance of notice, the provisional bail granted to the petitioner shall be confirmed.
It is made clear that in the event the court below finds that wife makes complaint against the husband of committing mental and physical torture with her during period of reconciliation or the court is satisfied that the husband is not
Patna High Court Cr.Misc. No.49271 of 2016 (4) dt.21-03-2017 3/3 keeping her properly and also that after appearance in the court, the wife is ready to go with her husband but the husband is not ready to take her, the court below will be at liberty to pass appropriate order in accordance with law and also would be at liberty to cancel the provisional bail granted to the petitioner without taking into consideration the aforesaid observations of this Court.
With aforesaid observations, the application is disposed off.
(Sanjay Priya, J) Shageer/- U T