Md. Jamir @ Jamirul @ Md. Jamirul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37055 of 2016 Arising Out of PS.Case No. -30 Year- 2015 Thana -AMDABAD District- KATIHAR ======================================================

1. Md. Jamir @ Jamirul @ Md. Jamirul Son of Abdul Barik @ Muvarak Husain Resident of village- Babla Banna, Police Station- Amdabad, District- Katihar .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Md. Rahmatullah, Adv. For the Opposite Party : Mr. Kalyan Shankar, APP 30 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-08-2016 Heard the learned counsel for the petitioner and the State.

The petitioner, being the husband of the informant, apprehending arrest in a case registered under Sections 498A and 307/34 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-fulfillment of dowry demand and making attempt to strangulate the informant.

On instruction, it is submitted that the petitioner admits his marriage with the informant and is ready to keep the complainant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 13 of the petition, which reads as follows :

"That the petitioner is ready to keep his wife with full honour and dignity."

It is, further, submitted that the petitioner has filed Matrimonial Suit No. 100A of 2015 prior to the instant case and there is nothing on record to suggest that any injury was caused to

Patna High Court Cr.Misc. No.37055 of 2016 (2) dt.29-08-2016 the informant.

Considering the present stand of the petitioner, above named, 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 Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Amdabad P.S. Case No. 30 of 2015 to the satisfaction of Sri R.K. Mishra, Judicial Magistrate, 1st Class, Katihar, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. Let the learned Court below issue notice to the informant and on her appearance the petitioner will take the informant to keep her as wife with full dignity and honour. The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities - (i) if the matrimonial harmony is substantially restored or (ii) if the informant fails to appear before the learned Court below or (iii) if the informant deliberately gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) SA/- U √ T √