Habibul v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6836 of 2019 Arising Out of PS. Case No.-670 Year-2017 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== Habibul, son of Kaffiluddin, Resident of Village - Babbangaon P.S.- Pothiya, District- Kishanganj.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ansari Begum, Wife of Habibul, D/O - Md. Ansar, R/o- Babbangaon P.S.- Pothiya, District- Kishanganj.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Sinha For the Opposite Party/s :

Mr. Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-07-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No.C 670 of 2017, disclosing offences under Sections 498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act.

Prosecution story as per complaint case is that after the marriage, the petitioner who happens to be the husband of the complainant started demand of one motorcycle and Rs.2,00,000/- as well as ornaments, due to non-fulfillment, ousted the complainant from the house.

Submission of the learned counsel for the petitioner is that complainant is not the wife of the petitioner. He never married with her, rather her family members taken his signatures forcibly on a Nikahnama.

Patna High Court CR. MISC. No.6836 of 2019(5) dt.09-07-2019 2/2 Heard learned A.P.P. also.

In this case notice was issued to the opposite party no.2 and it appears that the opposite party no.2 has received the notice, but in spite of that, on the last date, she has not appeared and thereafter, the case has been directed to be listed today. But today also nobody appears on behalf of opposite party no.2. In view of the facts and circumstances, as stated 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) with two sureties of the like amount to the satisfaction of leaned Chief Judicial Magistrate, Kishanganj, in connection with Complaint Case No.C 670 of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Sunil Shukla/- U T