Abdul Latif @ Abdul Latib v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43714 of 2016 Arising Out of PS.Case No. -2111 Year- 2013 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ====================================================== Abdul Latif @ Abdul Latib S/o Md. Islam R/o Village- Imlitola, P.S.- Mansahi, District- Katihar .... .... Petitioner/s
Versus
1. The State of Bihar
2. Bibi Fatema @ Bibi Fatma wife of Abdul Latif @ Abdul Latib, daughter of AbdulHamid at present resident of Village- Sandalpur, P.S.- Korha, District-Katihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Firoz Ahmad, Adv. For the Opposite Party/s : Mr. Sri Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-10-2016 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.
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.43714 of 2016 (2) dt.06-10-2016 2/3 to that effect has been made in para 7 of the petition which reads as follows:- "That the petitioner further respectfully submits that even today the petitioner is willing to keep the complainant (opp. Party no.2) with all dignity and honour...."
It is further submitted that similar was the stand of the petitioner before the learned court below which gets reflected from the impugned order. The petitioner has also filed Matrimonial Suit No. 181 of 2016 under Section 281 of the Mohammedan Law for restitution of conjugal right.
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, Katihar in connection with Complaint Case No. 2111 of 2013, 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
Patna High Court Cr.Misc. No.43714 of 2016 (2) dt.06-10-2016 3/3 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 refuses to reside with the petitioner.
(Dinesh Kumar Singh, J) Amrendra/- U T