Giyauddin v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27215 of 2016 Arising Out of PS.Case No. -23 Year- 2015 Thana -MAHILA PS District- JAMUI ====================================================== Giyauddin Son of Ijrail Mian Resident of Village- Satighat, Police StationJhajha, District Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sahjad Khatoon W/o Giyauddin , D/o Md. Manir resident of VillageChay, Police Station- Jhajha, District Jamui. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nagendra Dubey, Adv. For the Opposite Party/s : Mr. Sri Harendra Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-07-2016 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 punishable under Sections 323, 341 and 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for non-fulfilment of the dowry demand.

Learned counsel for the petitioner submits that the petitioner admits his marriage with the informant and is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 6 of the petition which reads as follows:- "That the petitioner is husband and he is ready to

Patna High Court Cr.Misc. No.27215 of 2016 (2) dt.01-07-2016 2/2 keep his wife with full dignity and integrity." Considering the present stand of the petitioner, 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 SDJM, Jamui in connection with Jamui Mahila P.S. Case No. 23 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 for her appearance. 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 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