High Court Patna High Court - Orders

Md. Irshad vs The State Of Bihar &Amp; Anr. on 28 March, 2011

Patna High Court – Orders
Md. Irshad vs The State Of Bihar &Amp; Anr. on 28 March, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.6307 of 2011
             MD. IRSHAD SON OF SALAHAUDDIN.
                                                -------------- PETITIONER
                                          Versus
        1. THE STATE OF BIHAR
        2. RUKHSANA KHATOON WIFE OF MD. IRSHAD DAUGHTER OF MD.
           YUSUF.                                    ---------- OPP. PARTIES.
                                        -----------

2 28.03.2011 Heard learned counsels for the petitioner and

the State.

The petitioner being the husband is

apprehending his 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.

It is submitted on behalf of the learned

counsel for the petitioner that he is ready to keep the

complainant as wife with full dignity and honour.

Considering the aforesaid stand of the

petitioner, let the above named 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 12 weeks from today, on

furnishing bail bond of Rs. 10,000/- (ten thousand)

with two sureties of the like amount each to the
2

satisfaction of the learned Sub-Divisional Judicial

Magistrate, Nawada in connection with Complaint

Case No 469/2010, subject to the conditions as laid

down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to

the complainant and on her appearance, the petitioner

will take back the complainant to her matrimonial

house to keep the complainant as wife with full dignity

and honour.

The provisional bail of the petitioner will be

confirmed by the learned court below within a period

of six months on substantial restoration of the conjugal

life or if the complainant deliberately refuses to reside

with the petitioner.

(Dinesh Kumar Singh, J.)
Amrendra/-