Md. Mobaraque v. The State Of Bihar

CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR .... .... Opposite Party/s SINGH ORAL ORDER 2 07-09-2012 Petitioner being husband is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 498A/34 of the I.P.C. and Section 3/4 of the Dowry Prohibition Act. It is submitted by learned counsel for the petitioner that petitioner is ready to keep the informant as wife with full dignity and honour, hence the accusation is not being deliberated. Considering the aforesaid stand of the petitioner, let the petitioner namely Md. Mobaraque, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for one year, 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 2 Patna High Court Cr.Misc. No.32690 of 2012 (2) dt.07-09-2012 Korha P.S. Case No. 184 of 2012, corresponding to G.R. Case No. 1694 of 2012. Let learned Court below issue notice to the informant and fix a date for her appearance. On appearance of the informant, the petitioner will take the informant to her matrimonial house to keep her as wife with full dignity and honour. The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below on substantial restoration of the matrimonial harmony within a period of one year, or if the informant deliberately refuses to reside with the petitioner. Shageer/- (Dinesh Kumar Singh, J)