Md. Alamgir v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32137 of 2015 Arising Out of PS.Case No. -2499 Year- 2014 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Md. Alamgir son of Md. Shamdani .... .... Petitioner/s

Versus

1. The State of Bihar

2. Nikhat Khatun, D/o Md. Kalam .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Ajay Kr.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-08-2015 Heard learned counsels for the petitioner and the State. 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 Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The accusation is of torture for non-fulfillment of the dowry demand.

On instruction, learned counsel for the petitioner submits that the petitioner is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 7 of the petition which reads as follows:- "7. ...petitioner is ready to keep his wife full dignity and respect.."

Learned counsel for the petitioner further submits that similar was the stand of the petitioner before the learned court

Patna High Court Cr.Misc. No.32137 of 2015 (2) dt.07-08-2015 2/2 below but the victim failed to accept the offer as she was apprehensive of her security. The marriage between the petitioner and the complainant having a male issue is admitted fact. 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 arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Vaishali at Hajipur in connection with Complaint Case No.2499 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the complainant for her appearance. 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 by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Ashwini/- U T