Md. Jamaal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15124 of 2016 Arising Out of PS.Case No. -239 Year- 2014 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ====================================================== Md. Jamaal, son of Md. Israiel, resident of Village-Gothani, P.S.- Kusheshwar Sthan, District-Darbhanga .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sabila Khatoon, wife of Md. Jamaal(D/o Md. Iliyas), resident of Village-Hathauri, P.S.-Kusheshwar Sthan, District-Darbhanga .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Madhusudan Kumar For the Opposite Party/s : Mr. B.M.P.Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-04-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 504, 506, 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 7 of the petition which reads as follows:- "...............the petitioner is ready to keep the informant as his wife very happily but as a matter of fact she herself does not want to

Patna High Court Cr.Misc. No.15124 of 2016 (2) dt.06-04-2016 2/2 live in her sasural"

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 six months on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Biraul at Benipur in connection with Kusheshwar Sthan P.S. Case No. 239 of 2014.

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 six 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