Md. Kalam v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7829 of 2019 Arising Out of PS. Case No.-925 Year-2014 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== MD. KALAM, son of Md. Muslim, Resident of Village - Bakharikesho, P.S.- Gaighat, Distt.- Muzaffarpur ... ... Petitioner
Versus
1.
THE STATE OF BIHAR 2.
Shahida Khatoon, daughter of Md. Nazir, Wife of MD. Kalam, Resident of village - Sujawalpur, P.O.- Dholi, P.S. - Sakra, Distt.-Muzaffarpur, ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr.Hari Kishore Thakur For the Opposite Party/s :
Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-05-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 925 of 2014, corresponding to Trial No. 2409 of 2015, lodged for the offences punishable under Section 498A of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act. Allegation against the petitioner is of subjecting his wife to torture and harassment and not providing food to her. Submission of learned counsel for the petitioner is that as a matter of fact the complainant has illicit relationship with another boy and she fled away and he is also not residing with the petitioner.
Heard learned APP and learned counsel for opposite
Patna High Court CR. MISC. No.7829 of 2019(4) dt.03-05-2019 2/2 party No.2, who has submitted that opposite party No.2 is not ready to reside with the petitioner.
In view of above facts and circumstances, let petitioner, in the event of arrest or surrender before the court below within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, East, Muzaffarpur, in connection with Complaint Case No. 925 of 2014, corresponding to Trial No. 2409 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) spal/- U T