Patna High CourtCR. MISC./688/2019bail granted

Md. Aslam v. The State Of Bihar

2019-04-22Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.688 of 2019 Arising Out of PS. Case No.-245 Year-2018 Thana- KHAGAUL District- Patna ====================================================== Md. Aslam s/o Abdul Salam r/o Damariya, P.S. and P.O. - Gardanibagh Distt.- Patna, present address Mohalla - Khalilpura, P.S. - Phulwari Sharif, districtPatna. ... ... Petitioner

Versus

1. The State Of Bihar

2. Kaniz Fatma, Wife of Md. Aslam, Resident of Jamaluddinchak, P.O.+P.S. - Khagaul, District - Patna.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Saket Anand, Adv.

For the Opposite Party/s :

Mr.Sri Umeshnand Panditm, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-04-2019 This application, for grant of anticipatory bail, arises out of Khagaul P.S. Case No. 245 of 2018, disclosing offences under Sections 341, 323, 324, 354, 498A, 504, 506/34 of the Indian Penal Code.

Petitioner happens to be husband of the informant and allegation against him is of demand of dowry of Rs. 20 lacs and subjecting the informant to torture and harassment with respect to the demand.

Submission of learned counsel for the petitioner is that the informant -opposite party no. 2, is residing with the petitioner and petitioner undertakes to keep her with full honour and dignity as a wife and will not subject to her to cruelty or harassment any further.

Heard learned A.P.P. as well as learned counsel for the

Patna High Court CR. MISC. No.688 of 2019(5) dt.22-04-2019 2/2 informant - opposite party no. 2.

Having heard both sides, considering the submission, as above, 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) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -V, Danapur, Patna, in connection with Khagaul P.S. Case No. 245 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is further subject to the condition that the petitioner shall keep the informant - opposite party no. 2 with full dignity and care and will not subject her to any torture and harassment, otherwise, informant - opposite party no. 2 will be at liberty to move the court below for cancellation of bail bonds of the petitioner.

(Vinod Kumar Sinha, J) sunilkumar/- U T