Sabir Alam v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14644 of 2019 Arising Out of PS. Case No.-4709 Year-2016 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== SABIR ALAM Son of Islam Mian @ Islam Ansari Resident of Village - Raghu Patti, Gopalganj, P.S.- Kuchaikote, District - Gopalganj. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Rukhsana Khatoon Wife of Sabir Alam Daughter of Yasin Mian, Resident of Village - Raghu Patti, P.S.- Kuchaikote, District Gopalganj, presently residing at Village- Pandey Khareya, P.S.- Gopalganj, District - Gopalganaj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anirudh Kumar Verma For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-05-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 4709 of 2016, disclosing offences under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Petitioner happens to be husband of the complainant and allegation against him is of subjecting the complainant to cruelty in connection with demand of dowry.

Submission of learned counsel for the petitioner is that all the allegations are false and concocted and he is still ready to keep the informant with full honour and dignity and as a matter of fact petitioner is residing in the house of the petitioner.

Patna High Court CR. MISC. No.14644 of 2019(3) dt.01-05-2019 2/3 Heard learned A.P.P. as well as learned counsel for the complainant. Learned counsel for the complainant has submitted that the complainant is also ready to live with the petitioner, if she is kept with full honour and dignity as a wife. However, he submitted that presently the complainant is residing in her parents house.

Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner and the complainant to appear before the concerned court below on 15.05.2019 and if the petitioner files a petition that he is ready to keep the complainant with himself with full honour and dignity and if he is willing to take the complainant with himself from the court itself and is also ready to pay Rs. 3,000/- (Rs. Three thousand) till any order is passed in the maintenance case filed by the complainant and further that he will cooperate in disposal of maintenance case, the court below shall release the petitioner on bail to his own satisfaction on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) in connection with Complaint Case No. 4709 of 2016.

It is made clear that if the petitioner fails to comply the above direction, the complainant will be at liberty to move

Patna High Court CR. MISC. No.14644 of 2019(3) dt.01-05-2019 3/3 before the court below for cancellation of bail bonds of the petitioner.

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