Samiullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7136 of 2021 Arising Out of PS. Case No.-58 Year-2020 Thana- CHHAURADANO District- East Champaran ====================================================== Samiullah S/O Sabir Hussain Resident Of Village - Hardiya, P. S. - Chhauradano, District - East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shabnam Khatoon Resident Of Village - Hardiya, P. S. - Chhauradano, District - East Champaran. at present resident Of Village - Mokkam Musachak, P.S. - Bairganiya, District - Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar No.III For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 314, 323, 379, 498(A), 504 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-fulfillment of dowry demand and ousting the informant from her matrimonial house.

It is submitted by learned counsel for the petitioner that a good sense has prevailed between the parties and both sides have decided to amicably settle the dispute. The petitioner

Patna High Court CR. MISC. No.7136 of 2021(4) dt.22-02-2022 2/3 is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 10 of the petition.

Learned counsel appearing on behalf of the informant has accepted the assertion of the learned counsel for the petitioner and submitted that informant is also ready to live with the petitioner, provided the petitioner keeps her with full dignity and honour.

Considering the present stand of the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran in connection with Chhauradano P.S. Case No. 58 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. At the time of executing the bail bonds, the petitioner will keep the informant with him when it is expected from the learned Court below to enquire from the informant with regard to her stay with the petitioner in her matrimonial house with full dignity and honour and after satisfying that petitioner has kept

Patna High Court CR. MISC. No.7136 of 2021(4) dt.22-02-2022 3/3 the informant as wife with full dignity and honour, the bail bonds of the petitioner shall be accepted by the learned Court below.

(Sunil Kumar Panwar, J) Shageer/- U T