Patna High CourtCR. MISC./45613/2015disposed

Md. Niamat @ Niamatullah v. State Of Bihar And ANR

2015-09-28Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45613 of 2015 Arising Out of PS.Case No. -83 Year- 2013 Thana -SIKTI District- ARRARIA ====================================================== Md. Niamat @ Niamatullah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pranav Kumar Jha For the Opposite Party/s : Mr. B.M.P.Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-09-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 342, 498A and 494 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for non-fulfillment of the dowry demand.

It is submitted by learned counsel for the petitioner that the issue between the petitioner and the informant has been settled in terms of permanent alimony.

Considering the aforesaid facts, let the above named petitioner be released on provisional anticipatory bail for four months, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail

Patna High Court Cr.Misc. No.45613 of 2015 (2) dt.28-09-2015 2/2 bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Araria in connection with Sikti P.S. Case No. 83 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C. Let the learned court below issue notice to the informant and if the informant admits that the issue has been settled between the parties then the provisional bail of the petitioner will be confirmed by the learned court below otherwise the petitioner will surrender and pray for regular bail. (Dinesh Kumar Singh, J) Amrendra/- U T