Patna High CourtCR. MISC./50674/2015bail granted

Md. Rauf v. The State Of Bihar

2016-01-30Mr. Justice Mungeshwar Sahoo2 pages

Patna High Court Cr.Misc. No.50674 of 2015 (2) dt.30-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50674 of 2015 Arising Out of PS.Case No. -139 Year- 2010 Thana -BARHARA District- PURNIA ======================================================

1. Md. Rauf, son of Md. Yunus, resident of village- Morballa, P.S.- Barhara, Distt.- Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Awadhesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 30-01-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner, Md. Rauf, is in custody in Barhara P.S. Case No. 139 of 2010 under Sections 498(A)/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition (Bihar Amendment Act), 1975.

The prosecution case is that father and mother of the husband of the informant concealed the husband of the informant and were demanding dowry of Rs. 1,50,000/-.

Learned counsel for the petitioner submitted the petitioner is the husband and there is no allegation of demand of dowry by the husband and, in fact, he was earlier granted anticipatory bail by the High Court vide Annexure-2 series in that

Patna High Court Cr.Misc. No.50674 of 2015 (2) dt.30-01-2016 very case. Subsequently, final form was submitted by the police finding no evidence against the petitioner but the court below took cognizance on the allegation that the petitioner is connived with father and mother. Subsequently, when application under Section 317 Cr.P.C. was filed, which was rejected, bail bond of the petitioner has been cancelled.

Considering the submission of the learned counsel for the petitioner and the fact that the petitioner was earlier granted anticipatory bail, I direct that the petitioner, above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand rupees) with two sureties of the like amount to the satisfaction of the learned S.D.J.M., Purnea in connection with Barhara P.S. Case No. 139 of 2010.

(Mungeshwar Sahoo, J) brajesh/- U T