Washi Ahmad @ Wasi Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27975 of 2016 Arising Out of PS.Case No. -158 Year- 2014 Thana -SIWAN CITY District- SIWAN ====================================================== Washi Ahmad @ Wasi Ahmad son of Safi Ahmad .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Javed Aslam, Advocate For the Opposite Party/s : Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-07-2016 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 12.04.2016 in a case registered for the offences punishable under sections 498A, 341, 323 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

Basic accusation is of torture for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner was granted provisional anticipatory bail by the learned Court below vide order dated 23.07.2014 on the basis of compromise that the petitioner will keep the informant as wife with full dignity and honour but the petitioner failed to appear before the learned Court below on 07.08.2014, hence, the bail

Patna High Court Cr.Misc. No.27975 of 2016 (2) dt.05-07-2016 2/2 bond of the petitioner was cancelled and thereafter the petitioner apprehended on 12.04.2016.

It is submitted by learned counsel for the petitioner that the petitioner is still ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in paragraph 9 of the petition, which reads as under :- "That the petitioner is still ready to keep his wife with full dignity and honour."

Considering the aforesaid fact, let the above named petitioner be released on bail provisionally for three months, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Siwan in connection with Siwan Town P.S. Case No.158/2014.

The provisional bail of the petitioner will be confirmed by learned court below in two eventualities (i) if the matrimonial harmony is substantially restored or (ii) if the informant gets reluctant to reconcile the issue.

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