Tohid Alam @ Md. Tohid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11380 of 2020 Arising Out of PS. Case No.-254 Year-2019 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== Tohid Alam @ Md. Tohid, aged about 30 years, Son of Md. Kasim Resident of Khan Mangura, P.S.- Dighalbank, District- Kishanganj ... Petitioner
Versus
1.
The State Of Bihar 2.
Saleena Khatoon @ Sabela Khatoon @ Sabila Khatoon, Wife of Tohid Alam Resident of Khan Mangura, P.S.- Dighalbank, District- Kishanganj, at present Resident of Dubatoli, Kachunala, P.S.- Dhighalbank, DistrictKishanganj ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Dineshwar Tiwary, Advocate For the Opposite Party :
Mr.Gauri Shankar Gupta, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-01-2021 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor representing the State. No one appears for opposite party no.2, though notice has already been received by her father.
The petitioner apprehends arrest in a case registered for the offence punishable under section 498A of the IPC. Complainant/opposite party no.2 states that she was married to the petitioner 15 years back and soon thereafter the petitioner and his family members started torturing her for dowry and finally, ousted her from the house. Learned counsel for the petitioner submits that the petitioner happens to be husband of opposite party no.2 and he undertakes to keep his wife with honour and safety. In spite of valid service of notice to opposite party no.2 vide order dated 24.6.2020, no one appears for her even on
Patna High Court CR. MISC. No.11380 of 2020(5) dt.15-01-2021 2/2 repeated indulgence.
In the facts of the case as well as in view of undertaking of the petitioner, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner mentioned above 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 Sub Divisional Judicial Magistrate, Kishanganj in Complainant case no. 254 of 2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T