Abul Hassan @ Abseh @ Abuseh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71770 of 2019 Arising Out of PS. Case No.-2602 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== Abul Hassan @ Abseh @ Abuseh, S/o Nuruddin Resident of VillageMohania, P.S.- Palasi, District- Araria. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Nasrin Bano D/O Md. Sharif @ Sarif, W/O Abul Hasan Resident of VillageMohania, P.S.- Palasi, District- Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

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 and Section 4 of Dowry Prohibition Act.

The basic accusation is of torture for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant and

Patna High Court CR. MISC. No.71770 of 2019(2) dt.20-11-2019 2/3 is ready to keep the complainant as wife with full dignity and honour, statement to that effect has been made in paragraph 10 of the petition, which reads as follows:- "That the petitioner is the husband of the complainant and is always ready to keep her with full honour, dignity, love, affections and all desires."

Considering the present stand of the petitioner, 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 bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Araria in connection with Complaint Case No. 2602C of 2018, 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 her matrimonial house 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

Patna High Court CR. MISC. No.71770 of 2019(2) dt.20-11-2019 3/3 complainant fails to appear before the learned Court below, or (iii) if the complainant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) DKS/- U T