Ansur Rahman v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45158 of 2016 Arising Out of PS.Case No. -48 Year- 2016 Thana -RAUTARA District- KATIHAR ======================================================

1. Ansur Rahman Son of Akhtar Ali, resident of Village Bhutaha Begampur, P.S. K. Nagar, District- Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Md. Nehumuddin Son of Rustam Ali, resident of Village- Danipur, P.S. Rautara, District Katihar.

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-04-2017 Heard learned counsels for the petitioner, informant and the State.

The petitioner and the informant are present. The petitioner being husband of the daughter of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A,323,342, 506/34 and 494 of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act. The basic accusation is of torture for non fulfillment of dowry demands and performance of second marriage. It is submitted by the learned counsel for the petitioner that the petitioner admits his marriage with the daughter of the informant and birth of a child. The petitioner is ready to keep the daughter of the informant as wife with dignity and honour.

Patna High Court Cr.Misc. No.45158 of 2016 (6) dt.27-04-2017 2/2 Statement to that effect has been made in paragraph 12 of the petition which reads as follows:

"That the petitioner always ready to keep his wife with full honour and dignity, and she was living also but under the pressure of the present informant she left the matrimonial house but the petitioner is always ready to restore the matrimonial harmony with his wife."

Learned counsel for the informant submits that the issue could not be settled either in terms of payment of one time settlement amount or monthly payment. It is also submitted that there is dispute about the quantum of payment. In the circumstances, let the learned court below consider the prayer for regular bail of the petitioner in case the petitioner surrenders within six weeks from today in connection with Rautara P.S. Case No. 48 of 2016 pending in the court of learned J.M. Ist Class, Katihar.

This application is disposed of with the aforesaid observation/direction.

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