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Patna High CourtCR. MISC./29978/2014disposed

Jahadar Khan @ Jahandar Khan @ Md. Jahadar Khan v. The State Of Bihar

2015-08-03Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29978 of 2014 Arising Out of PS.Case No. -150 Year- 2013 Thana -CHAINPUR District- BHABHUA (KAIMUR) ====================================================== Jahadar Khan @ Jahandar Khan @ Md. Jahadar Khan .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Girish Chandra Sharma For the Opposite Party/s : Mr. Ram Chandra Sahni (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-08-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case in registered for the offences punishable under Sections 498A and 406/34of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The accusation is of torture for non-fulfilment of the dowry demand. The factum of marriage between the petitioner and the informant having no issue is admitted fact. The matter was referred to the Mediation Centre but report of Mediator dated 12.05.2015 reflects that in spite of best and sincere efforts, the issue could not be resolved. Learned counsel for the petitioner submits that the petitioner is ready to keep the informant as wife with full dignity and honour.

Patna High Court Cr.Misc. No.29978 of 2014 (7) dt.03-08-2015 2/2 Learned counsel for the informant submits that the informant is ready to accept the offer of the petitioner. Both sides agree to appear before the learned court below on 17th of August, 2015 when the petitioner will take the informant to keep her as wife with full dignity and honour. Considering the present stand of the parties, 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 Chief Judicial Magistrate, Kaimur at Bhabua in connection with Chainpur P.S. Case No. 150 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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 informant fails to appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue.

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