Md. Ali Hassan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10329 of 2015 Arising Out of PS.Case No. -11 Year- 2015 Thana -MANIGACHI District- DARBHANGA ======================================================

1. Md. Ali Hassan S/o Late Ali Mohammad Residence of Vilage - Jatuka, P.S. - Manigachhi, District - Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shahnaz Praveen W/o Md. Ali Hassan, D/o Md. Shakil Resident of Village - Mohiuddinpur Pakari, P.S. - Bahera (Alinagar O.P.), District - Darbhanga.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Manish Kumar-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-03-2015 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 under Section 498A/34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

The basic accusation is of torture for non fulfillment of dowry demands.

On instructions, it is submitted that the petitioner is ready to keep the informant as wife with full dignity and honour. It is further submitted that the petitioner also filed restitution case. Considering the present stand of the petitioner, let the

Patna High Court Cr.Misc. No.10329 of 2015 (2) dt.12-03-2015 2/2 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 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM Darbhanga in connection with Manigachhi P.S. Case No. 11 of 2015 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 on her appearance the petitioner will take the informant to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities - (i) if the matrimonial harmony is substantially restored or (ii) if the informant fails to appear before the learned court below or (iii) if the informant deliberately gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Anil/- U T