IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4853 of 2011 Md. Hasnain Sheikh, S/O Md. Tufail Sheikh, resident of Village- Banodha, P.S. Muffasil, P.O. Bank, District- Munger………………………………………………………Petitioner. Versus 1. The State of Bihar. 2. Tanweer Anzoom, wife of Husnain Sheikh, D/O Sajjad Ali, resident of Mohalla-Balipur, P.S. Jamalpur, District- Munger…......Opposite Parties. with Cr.Misc. No.1899 of 2011 Md. Taufique Sheikh @ Md. Toufic, son of Md. Tufail Sheikh, resident of village- Banaudha, Police Station-Mufassil (Munger), District-Munger………………………………………..…Petitioner. Versus The State of Bihar……………………………….…..Opposite Party. ----------- 2. 15.02.2011. The petitioners being the husband and younger brother of the husband respectively are apprehending their arrest in a case registered under Section 498(A) of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act. There is general allegation of torture against the entire in-laws family including the brother of the husband. Considering the aforesaid facts, let the petitioner, namely, Md. Taufique Sheikh @ Md. Toufic of Cr. Misc. No. 1899 of 2011 be released on bail in the event of arrest or surrender before the learned court below - 2 - within a period of twelve weeks from today in connection with Jamalpur P.S. Case No. 89 of 2010 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Munger, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. So far as petitioner, namely, Md. Hasnain Sheikh of Cr. Misc. No. 4853 of 2011 is concerned, since he is husband and there is specific allegation of torture against him but it appears that Matrimonial Restitution Case No. 107 of 2010 was filed by him prior to the present case. In that view of the matter, the petitioner(husband), namely, Md. Hasnain Sheikh be released on provisional anticipatory bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Jamalpur P.S. Case No. 89 of 2010 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with sureties of the like amount each to the satisfaction of the learned C.J.M., Munger, subject to the - 3 - conditions as laid down under Section 438(2) of the Code of Criminal Procedure with condition that the petitioner will appear within a period of four weeks alongwith his wife (informant) on next date fixed before the learned court below when the learned court below will be convinced that the matrimonial harmony has been restored then the learned court below will confirm the provisional anticipatory bail of the husband. U.K. (Dinesh Kumar Singh,J)