Javed Ikbal v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22151 of 2015 Arising Out of PS.Case No. -10 Year- 2015 Thana -MAHILA P.S. District- MUZAFFARPUR ====================================================== Javed Ikbal Son of Md. Soeb Muzahari resident of Mohalla - Zakariya, Colony Saidpura, P.S. Kazi Mohammadpur, District - Muzaffarpur .... .... Petitioner
Versus
1. The State of Bihar
2. Raunak Afroj @ Ladly Wife of Javed Ikbal, Daughter of Md. Kamil Hussain, Presently residing at New Colony, Mithanpura, H/o Dr. Shamsul Haque P.S. Mithanpura, District - Muzaffarpur .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Mahesh Prasad, Advocate For the Opposite Party : Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-06-2015 Heard learned counsel for the petitioner and learned APP for the State and also learned counsel for the complainant. The petitioner seeks bail in connection with Mahila P.S. Case No.10 of 2015 for the offence punishable under Sections 498A, 307, 323, 324 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
The prosecution story, in brief, is that on 21.08.2005, Nikash of the complainant Raunak Khatoon was performed with the petitioner according to Muslim Rites and customs. At the time of Nikash, father of the petitioner told the complainant's father that he has seven daughters and one elder son Md. Raies and Md. had performed Nikah with Husna Khatoon It is further alleged that father of the complainant purchased a piece of land at Damodarpur
Patna High Court Cr.Misc. No.22151 of 2015 (2) dt.11-06-2015 2/3 for Rs.1,75,000/- in the name of the complainant which was sold by her husband and he has purchased a piece of land in his name in Jakariya Colony from that money. It is further alleged that after construction of the house in Jakariya Colony, he kept all family members including his elder brother and Bhabhi Husna Khatoon in the house. It is further alleged that all the accused persons assaulted the complainant with intention to kill her and pressed her neck by the pillow. The father of the complainant also handed over his shops to the petitioner and huge money to assist and maintain the shop. In spite of that, the accused subjected to cruelty to her, demanded dowry and also ousted her from house.
It has been submitted on behalf of the petitioner that the petitioner is ready to keep the complainant with full dignity but she is not ready live with him. It has further been submitted that the petitioner is ready to deposit a sum of Rs.5000/- in the court below which may be released in favour of the complainant. On behalf of the State and the complainant, it has been submitted that the petitioner is the husband of the complainant and is named in the first information report.
Considering the aforesaid facts and circumstances of the case, petitioner is directed to deposit a sum of Rs.5,000/- every month in the court below which shall be released in favour of the
Patna High Court Cr.Misc. No.22151 of 2015 (2) dt.11-06-2015 3/3 complainant and on deposit of the said amount, he (Javed Ikbal) shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, (East), Muzaffarpur in connection with Mahila P.S. Case no. 10 of 2015.
(Sudhir Singh, J) B.T/- U T