Md. Manowar Asharfi @ Md. Manowar Alam @ Md. Manoubar Alam @ Md. Manaubar Asharfi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21195 of 2016 Arising Out of PS.Case No. -507 Year- 2013 Thana -SAUR BAZAR District- SAHARSA ====================================================== Md. Manowar Asharfi @ Md. Manowar Alam @ Md. Manoubar Alam @ Md. Manaubar Asharfi .... .... Petitioner/s

Versus

The State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Subesh Sharma For the Opposite Party/s : Mr. R.B.Roy Raman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-05-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 498A, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioner on instruction that petitioner admits his marriage with the informant and is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 6 of the petition which reads as follows:- "That, the petitioner being the husband of O.P. No. 2 is always ready to keep her wife with full dignity."

It is further submitted that similar was the

Patna High Court Cr.Misc. No.21195 of 2016 (2) dt.12-05-2016 2/2 stand of the petitioner before learned Court below. Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for three months on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Sour Bazar P.S. Case No. 507 of 2013. Let learned Court below issue notice to the informant and fix a date for her appearance. On appearance, the petitioner will take the informant to her matrimonial house 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) On substantial restoration of the matrimonial harmony within a period of three months (ii) If the informant fails to appear before learned Court below (iii) If the informant is reluctant to reconcile the issue.

(Dinesh Kumar Singh, J) Shageer/- U T