Taukil Ahmad Ansari v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30727 of 2016 Arising Out of PS.Case No. -3128 Year- 2014 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ====================================================== Taukil Ahmad Ansari Son of Md. Gaffar Ali Resident of Village- Pipra Kala, Police Station Maharajganj, District Siwan. .... .... Petitioner
Versus
1. The State of Bihar
2. Sakina Khatoon Wife of Taukil Ahmad Ansari, D/o Nabi Rasul Ansari at Present R/o Village- Baunaganj, Jalalpur P.S. Daraunda, District Siwan. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-08-2016 Heard learned counsel for the parties.
The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under section 498A of the Indian Penal Code. The basic accusation is of torture for non-fulfillment of dowry demands.
It is submitted by the learned counsel for the petitioner that the petitioner admits his marriage with the complainant and he is ready to keep the complainant with full dignity and honour. Statement to that effect has been made in paragraph 12 of the petition, which reads as follows:
"That the petitioner is ready to keep the wife/ complainant with
Patna High Court Cr.Misc. No.30727 of 2016 (2) dt.09-08-2016 full dignity and honour."
The learned Sessions Judge, Siwan disposed of the anticipatory bail application of the petitioner since summons were issued and the certified copy of the order dated 18.4.2016 passed by the S.D.J.M., Siwan has been produced to show that nonbailable warrant of arrest has been issued. Considering the present stand of the petitioner, let the abovenamed petitioner be released on provisional anticipatory bail for six months, in the event of his 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 the S.D.J.M., Siwan in Complaint Case No. 3128/2014, Tr.No. 4949/2015, subject to the conditions as laid down under section 438(2) of the 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 the learned court below in three eventualities: (i) if the matrimonial harmony is substantially restored, (ii) if the
Patna High Court Cr.Misc. No.30727 of 2016 (2) dt.09-08-2016 complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Surendra/- U