Md. Manir Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8208 of 2015 Arising Out of PS.Case No. -1894 Year- 2013 Thana -SARAN COMPLAINT CASE DistrictSARAN ======================================================

1. Md. Manir Alam Son of Md. Farid Ansari, Resident of Village- Tara Amnaur, Police Station- Maker, District- Saran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Kamrun Nisha Wife of Md. Manir Alam, D/o Islamuddin, Resident of Village- Paiga Sheikhpura, P.S.- Amnaur, District- Saran .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Niraj Kumar For the Opposite Parties : Mr. A.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-02-2015 Petitioner being husband of the complainant is apprehending his arrest in a complaint case filed with accusation under Sections 323, 379, 498A, 504/34 of the I.P.C. The basic accusation is of torture for nonfulfilment of dowry demand. On instructions, it is submitted by learned counsel for the petitioner that petitioner is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 12 of the petition which reads as follows:- "That the petitioner is ready to keep her wife complainant with full honour and dignity"

Considering the present stand of the

Patna High Court Cr.Misc. No.8208 of 2015 (2) dt.26-02-2015 2/2 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 one year, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Saran at Chapra in connection with Complaint Case No. 1894 of 2013, Trial No. 4250 of 2014.

Let learned Court below issue notice to the complainant and fix a date for her appearance. On appearance, the petitioner will take the complainant 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 one year (ii) If the complainant fails to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue.

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