Md Illiyash @ Md. Illiyas @ Md. Iliyas v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11268 of 2019 Arising Out of PS. Case No.-95 Year-2017 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== MD ILLIYASH @ MD. ILLIYAS @ MD. ILIYAS Son of Hafiz Nadaf @ Md. Hafiz @ Pakkal Resident of Village - Basaitha P.S. Benipatti, District Madhubani.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Shanno Khatoon Daughter of Safi Rahman Resident of Village - Singiya, P.S.- Bisfi, District - Madhubani.

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

For the Petitioner/s :

Mr.Manoj Kumar Jha For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-06-2019 Heard.

The petitioner apprehends his arrest in connection with C.R. No.95 of 2017 registered under Sections 323, 498(A) and 504 of the Indian Penal Code.

The accusation is that the Nikah of the opposite party no.2 was performed with the petitioner on 24.06.2009 and, thereafter, due to their wedlock, four sons were born and out of them, the elder son died. In spite of that, the opposite party no.2 was being tortured by her husband (petitioner) for non-fulfillment of the dowry demand and the opposite party no.2 was being threatened by the petitioner to perform his re-marriage. Ultimately, the opposite party no.2 was ousted from the matrimonial house by snatching her personal

Patna High Court CR. MISC. No.11268 of 2019(6) dt.25-06-2019 2/2 belongings.

Learned counsel for the petitioner submits that, in fact, the opposite party no.2, who is the wife of the petitioner, does not want to live with the petitioner. The opposite party no.2 also refused to receive the notice as issued to her under registered cover with A/D. On the other hand, learned counsel appearing for the mother of the opposite party no.2 submits that during the pendency of this case, while the opposite party no.2 was taken by the petitioner but, thereafter, the opposite party no.2 became traceless. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Benipatti, District-Madhubani, in connection with C.R. No.95 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T