Anish Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57392 of 2019 Arising Out of Case No.-149 Year-2019 EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== ANISH MIAN Son of Pir Mohammad Resident of Village - Machchharganwa Rehua Khas Nanhkar, P.S. - Kotawa, District - East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Afsana Khatoon Wife of Anish Mian D/o- Naimuddin Mian, Resident of Village - Majuraha, P.S. - Turkoliya, District - East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-09-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint case No. C-149/ 2019 for the offences allegedly committed by the petitioner under Section 341, 323, 504, 498A, 406, 120B/34 of the IPC and u/s 3/4 of Dowry Prohibition Act. The wife of the petitioner made allegation in her complaint petition that petitioner and others demanded additional dowry and on account of non-fulfillment of demand of additional dowry she was subjected to all sorts of torture and ultimately she was driven out from the house with her minor child in her lap.

The learned counsel for the petitioner submits that petitioner is ready to keep his wife with all honour and dignity. Taking into consideration the facts aforesaid and the undertaking given by the petitioner that he is ready to keep his wife with all honour and dignity, the petitioner, above named, is

Patna High Court CR. MISC. No.57392 of 2019(2) dt.17-09-2019 2/2 directed to surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order and on such the learned court below shall enlarge the petitioner on provisional anticipatory bail for four months on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Complaint case No. C-149/ 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The learned court below shall make all efforts for resolving the dispute between the husband and wife and if the petitioner is ready to keep his wife properly the provisional bail granted to the petitioner shall be confirmed. If the petitioner fails to keep his wife properly, for no fault of his wife, the learned court below shall pass order on the provisional bail of the petitioner, in accordance with law, immediately after lapse of four months, in accordance with law.