Md. Hasnain Quaraisi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73596 of 2018 Arising Out of PS. Case No.-2588 Year-2017 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Md. Hasnain Quaraisi, Son of Md. Kammu Quaraisi, Resident of VillageMadapur Chapra, P.S.- Pusa, Distt- Samastipur. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Munni Khatoon, Wief of Md. Hasnain Quaraisi, R/o Madapur Chapra PS Pusa Distt- Samastipur, A/p D/o Late Md. Rahuf Quaraisi, R/o Chaksala PS.- Lalganj, Distt- Vaishali.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Soban Asghar For the Opposite Party/s :

Mr.Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-12-2018 Heard learned counsels for the parties.

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 Sections 498A and 323 of the IPC.

The prosecution case as per the complaint petition is that the marriage between the complainant and the petitioner was performed three years prior to the filing of the complaint but subsequently, dowry demand of Rupees Two Lacs was made and for non-fulfillment of the same, torture was inflicted upon the complainant. On

Patna High Court Cr.Misc. No.73596 of 2018(2) dt.20-12-2018 2/3 5.9.2017 the complainant was driven out of the matrimonial house after taking her belongings. It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant and is ready to keep her with full dignity and honour though statement is not specific to that effect in the petition. However, similar was the stand of the petitioner before the learned court below, which gets reflected from the impugned order.

Considering the aforesaid facts and submissions, let the petitioner above named be released on provisional anticipatory bail for six months in the event of arrest or surrender within six weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM- XI, Vaishali at Hajipur in connection with Complaint Case No. 2588 of 2017 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

The provisional 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 complainant fails to appear before the learned

Patna High Court Cr.Misc. No.73596 of 2018(2) dt.20-12-2018 3/3 court below or (iii) if the complainant gets reluctant to reconcile the issue.

(Dinesh Kumar Singh, J) anil/- U