Md. Naushad v. State Of Bihar & Anr.

.... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 19-09-2012 Heard learned counsels for the petitioner and the State. The petitioner being the husband is apprehending arrest in a complaint case in which cognizance has been taken under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The petitioner is ready to keep the complainant as wife with full dignity and honour, hence the accusation is not being deliberated. Considering the 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 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Complaint Case No. 2893 of 2011, subject to the conditions as laid down under Patna High Court Cr.Misc. No.35448 of 2012 (2) dt.19-09-2012 Section 438(2) Cr.P.C. Let the learned court below issue notice to the complainant for her appearance when 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 learned court below if the matrimonial harmony is substantially restored or if the complainant deliberately refuses to reside with the petitioner. Amrendra/- (Dinesh Kumar Singh, J)