Sagir Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48396 of 2014 Arising Out of PS.Case No. -1181 Year- 2013 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Sagir Alam S/o Md. Safique Resident of Village Shawanahi Jagdish, P.O. Bathua Bazar, P.S. Gopalpur, District Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Amina Khatoon W/o Sagir Alam, D/o Md. Alam Mansoori Resident of Village Shawanahi Jagdish, P.O. Bathua Bazar, P.S. Gopalpur, District Gopalganj.

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

For the Petitioner/s : Mr. Anirudh Kumar Verma For the Opposite Party/s : Mr. Sanjay Kr. Tiwary No.1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-03-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband is apprehending arrest in a complaint case in which processes were directed to be issued after cognizance being taken under Sections 498A,323 and 406 of the Indian Penal Code.

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

It is submitted by learned counsel for the petitioner that though no statement has been made in the petition but on instructions, it is submitted that the petitioner is ready to keep the complainant as wife with full dignity and honour.

Patna High Court Cr.Misc. No.48396 of 2014 (2) dt.12-03-2015 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 JM Ist Class, Gopalganj in connection with Complaint Case No. 1181 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 reconcile the issue. (Dinesh Kumar Singh, J) Anil/- U T