Neyamul Mansoori @ Niyamul Mansoori v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50002 of 2014 Arising Out of PS.Case No. -2719 Year- 2013 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Neyamul Mansoori @ Niyamul Mansoori son of Kitab Mansoori resident of village - Murgia, P.S. Kuchaikote, District - Gopalganj .... .... Petitioner/s

Versus

1. The State of Bihar

2. Khushnama Khatoon wife of Niyamul Mansoori, daughter of Aash Mohammad resident of village - Mahuawan, P.S. Kuchaikote, District - Gopalganj .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Binod Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-02-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which processes were directed to be issued after cognizance being taken under Sections 498A and 323 of the Indian Penal Code.

The basic accusation is of torture for non fulfillment of dowry demands.

On instructions, it is submitted that the petitioner is ready to keep the complainant as wife with full dignity

Patna High Court Cr.Misc. No.50002 of 2014 (2) dt.13-02-2015 2/3 and honour. Statement to the aforesaid effect has been made in paragraph no. 14 of the petition which reads as follows: "That the petitioner is still ready to keep the complainant 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 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM Gopalganj in connection with Complaint Case No. 2719 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 complainant and on her appearance the petitioner will take the complainant to keep her as wife with full dignity and honour.

The provisional 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 complainant fails to appear before the learned court below or (iii) if the complainant deliberately gets reluctant to

Patna High Court Cr.Misc. No.50002 of 2014 (2) dt.13-02-2015 3/3 reconcile the issue.

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