Istekhar Khan @ Aftekhar Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55202 of 2015 Arising Out of PS.Case No. -116 Year- 2015 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Istekhar Khan @ Aftekhar Khan son of Mohib Khan, resident of VillageDariyapur, Police Station- Sangrampur, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar & Anr.

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

For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Veena Kri.Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-06-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 506, 307, 354, 511, 406, 498A, 120B/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 and making assault to the informant.

It is submitted by the learned counsel for the petitioner that the petitioner admits the marriage with the informant and he is ready to keep the informant as wife with

Patna High Court Cr.Misc. No.55202 of 2015 (5) dt.27-06-2016 full dignity and honour. Statement to that effect has been made in para-8 of the petition which reads as follows:- "That the petitioner is still ready to keep his wife with full dignity and respect as a wife in his house, if she is ready to live with the petitioner."

The petitioner and informant are present.

Learned counsel for the informant submits that the informant is ready to accept the offer of the petitioner. Both the petitioner and informant agree to appear before the learned court below on 11th of July, 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 provisional anticipatory bail for one year 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 Chief Judicial Magistrate, East Champaran, Motihari in connection with Sangrampur P.S. Case No. 116 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The provisional bail of the petitioner will be confirmed within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the informant gets reluctant to

Patna High Court Cr.Misc. No.55202 of 2015 (5) dt.27-06-2016 reconcile the issue; and (iii) or if the informant fails to appear before the learned court.

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