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Patna High CourtCR. MISC./3499/2019bail granted

Ajimullah Kha @ Ajimullah Khan v. State Of Bihar And ANR

2019-05-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3499 of 2019 Arising Out of PS. Case No.-1507 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Ajimullah Kha @ Ajimullah Khan, Late Salamgir Khan Vill-Ishlampur Tole(Near Bairiyar),P.S-Dhaka, Distt.-East Champaran ... ... Petitioner

Versus

1.

State of Bihar 2.

Safina Khatoon Ajimullah Khan, daughter of Late Jahir Khan,Vill-Agarwa (Near Dr. Chandralata Jha),P.S-Town,Motihari,Dist.-East Champaran,Naihar ka Address-Resident of Vill-Madhopur,Mahuawa Tola,Purabwari,P.SChiraiya,Distt.-East Champaran ... ... Opposite Partys ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No.1507 of 2017, Trial No.248 of 2018 disclosing offences under Sections 323, 498(A), 406, 504, 384, 307 and 34 of the Indian Penal Code. Allegation as per complaint petition against the petitioner is that there is a demand of Rs.1 lac in cash, Hero Honda Motorcycle, 20 grams of gold chain and gold ring of 5 grams and on showing inability, he has assaulted the complainant with mentally and physically and further allegation of snatching her stridhan.

Submission of the learned counsel for the petitioner is

Patna High Court CR. MISC. No.3499 of 2019(5) dt.09-05-2019 2/2 that the allegation is false and concocted and the petitioner is ready to keep his wife with full dignity and honour but the complainant is not ready to live with the petitioner. It appears from the perusal of the record that earlier notice was issued to the opposite party no.2 and the mother of opposite party no.2 has received the same.

Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of Sri Praduman Kumar, Judicial Magistrate, Ist Class, Motihari, East Champaran, in connection with Complaint Case No.1507 of 2017, Trial No.248 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunil/- U T