Arman Mian Mansuri @ Arman Mansuri v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31035 of 2016 Arising Out of PS.Case No. -279 Year- 2015 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ====================================================== Arman Mian Mansuri @ Arman Mansuri, S/o Ishrail Mansuri, resident of village- Aathar, Post Office- Aathar, Police Station- Nawanagar (Bashudewa Out Post), District- Buxar .... .... Petitioner/s
Versus
The State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramchandra Singh, Advocate For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-07-2016 Heard learned counsel for the petitioner and the State.
The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
The basic accusation is of torture for nonfulfillment of the dowry demand. It is submitted by learned counsel for the petitioner that petitioner admits the marriage with the complainant and
Patna High Court Cr.Misc. No.31035 of 2016 (2) dt.26-07-2016 he is ready to keep the complainant as wife with full dignity and honour. Statement to that effect has been made in para11 of the petition which reads as follows:- "That petitioner is ready to obey the direction of this Hon'ble High Court and petitioner is husband of the Opposite Party No. 2/Complainant and ready to keep his wife with due dignity in accordance with his economic capacity. "
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 his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas in connection with Complaint Case No. 279 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Let the learned court below issue notice to the complainant on her appearance the petitioner will take the complainant to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the complainant gets reluctant to reconcile the issue; and (iii) or if the complainant
Patna High Court Cr.Misc. No.31035 of 2016 (2) dt.26-07-2016 fails to appear before the learned court.
(Dinesh Kumar Singh, J) P.K./- U T