Md. Isha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44452 of 2016 Arising Out of PS.Case No. -1406 Year- 2015 Thana -COMPLAINT CASE District- SUPAUL ====================================================== Md. Isha S/o Md. Hasim Resident of Village- Rajganj, P.S. Narpatganj, District- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shabnam Begum D/o Md. Iliyas, W/o Isha resident of VillageTharbitiya Puranwas, P.S.- Kishunpur, District- Supaul. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-10-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance has been taken for the offences punishable under Sections 498A of the Indian Penal Code and 4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-fulfillment of the dowry demand, making assault and attempting to cause burn injury.

It is submitted by the learned counsel for the petitioner that the petitioner admits his marriage with the complainant and is ready to keep her as wife with full dignity and honour, statement

Patna High Court Cr.Misc. No.44452 of 2016 (2) dt.19-10-2016 2/3 to that effect has been made in para 10 of the petition which reads as follows:- "That the petitioner is being the husband of the complainant always ready to keep his wife with full respect and dignity."

Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for six months 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, Supaul in connection with Complaint Case No. 1406C 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 complainant for her appearance when the petitioner will take the complainant to her matrimonial house 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 (ii) if the complainant failed to appear or (iii) if the complainant deliberately

Patna High Court Cr.Misc. No.44452 of 2016 (2) dt.19-10-2016 3/3 refuses to reside with the petitioner.

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