Zafar Ahmad Jilani v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34834 of 2014 Arising Out of PS.Case No. -230 Year- 2011 Thana -NANHPUR District- SITAMARHI ====================================================== Zafar Ahmad Jilani, S/o Late Maqsood Alam, resident of village- Devra Bandhouli, P.S.- Jaley, District- Darbhanga .... .... Petitioner/s

Versus

1. State of Bihar

2. Khairunnisa @ Mosarrat Jahan, D/o Md. Manzar Alam, resident of village- Bathuli, P.O.- Bath Asli, P.S.- Nanpur, District- Sitamarhi .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md.Imteyaz Ahmad, Advocate For the Opposite Party/s : Mr. T.N. Thakur (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-02-2015 Heard learned counsel for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 341, 323, 504 of the Indian Penal Code, 3/4 of the Dowry Prohibition Act. The accusation is of torture for non-fulfillment of the dowry demand.

On instruction it is submitted by learned counsel for the petitioner that the petitioner is ready to keep the complainant as wife with full dignity and honour. 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 his arrest or surrender before the learned court below within a period of

Patna High Court Cr.Misc. No.34834 of 2014 (2) dt.13-02-2015 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 Sub-Divisional Judicial Magistrate, Pupri at Sitamarhi in connection with Nanpur P.S. Case No. 230 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Let the learned court below issue notice to the complainant on her appearance the petitioner will take the complainant to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the complainant gets reluctant to reconcile the issue; and (iii) or if the complainant fails to appear before the learned court.

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