Manif Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11097 of 2024 Arising Out of PS. Case No.-1849 Year-2022 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Manif Mian S/o- Bhikhari Mian Village- Ram Nagar, Bankast, P.S.- Majhauliya, District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ruksana Khatoon wife of Marif Mian, D/o- Mustakim Mian MohChhatauni Ps- Chhatauni Dist- E.Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kant Mani Tripathi For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-07-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 323, 498(A), 379, 313, 504 and 506 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

3. As per the prosecution case, marriage of the complainant was solemnized with this petitioner on 22.09.2014 and after the marriage, accused persons demanded dowry of Rs. 2 lakhs for doing business and due to fun-fulfillment of said demand, all the accused persons assaulted the complainant. Lastly, all the accused ousted her from matrimonial home after snatching her belongings.

4. Learned counsel for the petitioner submits that the petitioner is husband of Opposite Party No.2. and he further

Patna High Court CR. MISC. No.11097 of 2024(5) dt.08-07-2024 2/2 submits that as a matter of fact, Opposite Party No.2 does not want to live with the petitioner and she lives her matrimonial house on his own violation. This petitioner has also filed a Matrimonial Case No.247 of 2022 for restitution of conjugal life on 22.08.2022 which is still pending. Opposite Party No.2 has also earlier filed a complaint case against the petitioner and co-accused which was dismissed by learned S.D.J.M., Sikrahna at Dhaka, East Champaran, thereafter O.P. No.2 has again filed the present case only to harass the petitioner.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest or surrender within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sadar, Motihari, East Champaran, in connection with Complaint Case No. 1849 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) sanjeev/- U T