Alamgir v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13855 of 2015 Arising Out of PS.Case No. -75 Year- 2013 Thana -MANIGACHI District- DARBHANGA ======================================================
1. Alamgir Son of Late Mokhtar resident of village - Badarbanna, P.S. Bahera, District - Darbhanga .... .... Petitioner/s
Versus
1. The State of Bihar
2. Rukhsana Khatoon Wife of Alamgir and daughter of Late Shafiur Rahman resident of village - Badarbanna, P.S. Bahera, District - Darbhanga, Presently residing at village - Gaina, P.S. Manigachhi, District - Darbhanga .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Kamran For the Opposite Party/s : Mr. Parmanand Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-05-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 506, 504 and 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for non-fulfilment of the dowry demand.
On instruction, learned counsel for the petitioner submits that the petitioner is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 10 of the petition, relevant part of the same reads as
Patna High Court Cr.Misc. No.13855 of 2015 (2) dt.11-05-2015 2/2 follows:- "That the petitioner is always ready to keep the opposite party no.2 with full dignity and honour." Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year 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 Subdivisional Judicial Magistrate, Darbhanga in connection with Manigachhi (Nahra O.P.) Case No. 75 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 informant for her appearance.
On her appearance, the petitioner will take the informant to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the informant fails to appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Amrendra/- U T