Ramjan Hussain v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40529 of 2014 Arising Out of PS.Case No. -25 Year- 2014 Thana -KATEYA District- GOPALGANJ ======================================================

1. Ramjan Hussain Son of Babuddin Mian resident of village- Sunri Bazar, P.S.- Barharia, District- Siwan .... .... Petitioner/s

Versus

1. The State of Bihar

2. Shahjahan Begum Wife of Ramjan Hussain, daughter of Rahmat Ali resident of village- Kateya, P.S.- kateya, district- Gopalganj .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Md.Arif(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 informant is apprehending arrest in a case registered for the offences under Sections 498A and 406 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 informant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 16 of the petition which reads as follows:

"That the petitioner is still ready to keep the complainant with full dignity and honour."

Patna High Court Cr.Misc. No.40529 of 2014 (2) dt.13-02-2015 2/2 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 Kateya P.S. Case No. 25 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the informant and 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 the learned court below in three eventualities - (i) if the matrimonial harmony is substantially restored or (ii) if the informant fails to appear before the learned court below or (iii) if the informant deliberately gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Anil/- U T