Naseem Khan @ Naseem Ahmad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24957 of 2016 Arising Out of Complaint Case No. -21 Year- 2015 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ====================================================== Naseem Khan @ Naseem Ahmad S/o Motahir Khan @ Mojahiruddin Ahmad .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sabhah Praveen W/o Naseem Khan @ Naseem Ahmad, D/o Javed Khan .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-06-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The accusation is of torture for non-fulfillment of the dowry demand.

On instruction, learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and he is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been

Patna High Court Cr.Misc. No.24957 of 2016 (2) dt.20-06-2016 2/3 made in para 8 of the petition which reads as follows:- "That the petitioner is the husband of the complainant and he is ready to keep the complainant with full dignity and honour."

It is further submitted that similar was the stand of the petitioner before the learned court below but the complainant was not ready to accept the offer of the petitioner. Considering the present stand of the petitioner, let the above named petitioner 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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Sadar, Motihari, East Champaran, in connection with Complaint Case No.C-21 of 2015 (Trial No.6110/2015), subject to the conditions as laid down under Section 438(2) Cr.P.C. Let the learned court below issue notice to the complainant for her appearance. 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 learned court below in three eventualities (i) if the matrimonial

Patna High Court Cr.Misc. No.24957 of 2016 (2) dt.20-06-2016 3/3 harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue.

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