Allauddin @ Allauddin Ansari v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20601 of 2015 Arising Out of PS.Case No. -2693 Year- 2013 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ====================================================== Allauddin @ Allauddin Ansari .... .... Petitioner/s
Versus
State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Satyendra Narayan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-05-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and Section 3/4 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 complainant having no issue is admitted fact. On instruction, learned counsel for the petitioner submits that the petitioner is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 14 of the petition which reads as follows:- "That in spite of all the differences and aggression of the parties, the petitioner is willing
Patna High Court Cr.Misc. No.20601 of 2015 (2) dt.13-05-2015 2/3 to keep the wife with full dignity and settle the issue for the betterment of the future of the parties."
Learned counsel for the petitioner further submits that the petitioner also undertakes to withdraw Matrimonial Suit No. 742 of 2011 filed for divorce.
Learned counsel for the complainant, on instruction, submits that the complainant is ready to accept the offer of the petitioner.
Both sides agree to appear before the learned court below on 8th of June, 2015 when the petitioner will take the complainant 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 Subdivisional Judicial Magistrate, Siwan in connection with Complaint Case No. 2693 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
Patna High Court Cr.Misc. No.20601 of 2015 (2) dt.13-05-2015 3/3 by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Amrendra/- U T