Mohammad Ahmad Hussain @ Ahmad Rasaul @ Mohammad Ahmad Rasul v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38284 of 2015 Arising Out of PS.Case No. -96 Year- 2012 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Mohammad Ahmad Hussain @ Ahmad Rasaul @ Mohammad Ahmad Rasul .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. R.S.Choudhary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-08-2015 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 punishable under Sections 498A, 379, 323, 504 and 506 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The basic accusation is of torture.

Learned counsel for the petitioner submits that the petitioner admits his marriage with the informant and is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 14 of the petition which reads as follows:- "That the petitioner, in spite of all, is ready to keep her with all dignity and pride of a legally wedded wife."

Patna High Court Cr.Misc. No.38284 of 2015 (2) dt.28-08-2015 2/2 Considering the present stand of the petitioner and the fact that the case was instituted in the year 2012, 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 Chief Judicial Magistrate, Motihari, East Champaran in connection with Pipra P.S. Case No. 96 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the informant for her appearance. 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 learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the informant fails to appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue.

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