Patna High Court - Orders
Md. Mannan @ Moh. Mannan @ Abdul Mannan vs State Of Bihar & Anr on 11 September, 2015
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43243 of 2015
Arising Out of PS.Case No. -1033 Year- 2014 Thana -COMPLAINT CASE District- SUPAUL
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Md. Mannan @ Moh. Mannan @ Abdul Mannan
.... .... Petitioner/s
Versus
State of Bihar & Anr
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Nafisuzzoha, Adv.
For the Opposite Party/s : Mr. Yogendra Kumar(App)
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
ORAL ORDER
2 11-09-2015Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
The accusation is of torture for non-fulfilment of the dowry demand.
Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 8 of the petition which reads as follows:-
"That the petitioner is the husband of the complainant and he is ready to keep his wife (Complainant) with full respect and dignity."Patna High Court Cr.Misc. No.43243 of 2015 (2) dt.11-09-2015 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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Supaul in connection with Complaint Case No. 1033C of 2014, subject to the conditions as laid down under Section 438(2) 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 learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Amrendra/-
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