Md. Ishak v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42691 of 2015 Arising Out of PS.Case No. -120 Year- 2014 Thana -LODIPUR District- BHAGALPUR ======================================================

1. Md. Ishak Son of Late Masuk Resident of Village - Miranchak, P.S. - Lodipur, District - Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bibi Rokaiyan Khatoon Resident of Village - Miranchak, P.S. - Lodipur, District - Bhagalpur.

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

For the Petitioner/s : Mr. Gopal Krishna, Advocate For the Opposite Party/s : Mr. C.Jawahar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-04-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 323, 307/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. The basis accusation is of torture for nonfulfillment of dowry demand. It is also alleged that accused persons failed to supply the basic needs including the food to the informant, made assault and pushed her down, as a result she received injury.

The petitioner and informant are present.

It is submitted by the learned counsel for the petitioner that the petitioner admits the marriage with the

Patna High Court Cr.Misc. No.42691 of 2015 (4) dt.07-04-2016 informant, but there is no issue out of wedlock. The petitioner is ready to keep the informant as wife with full dignity and honour. Statement to that effect has been made in para-9 of the petition which reads as follows:- "That the petitioner being husband of the informant is ready to keep his wife with full dignity and honour."

Learned counsel for the informant submits that the informant is ready to accept the offer of the petitioner. Both the petitioner and informant appear before the learned court below on 25th of April, 2016 when the petitioner will take the informant to keep her as wife with full dignity and honour.

Considering the present stand of the parties, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Bhagalpur in connection with Lodhipur P.S. Case No. 120 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) P.K./- U T