Md. Shahrukh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12161 of 2023 Arising Out of PS. Case No.-578 Year-2020 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== MD. SHAHRUKH SON OF MD. RAHIM R/O VILLAGERAHMANIGANJ, P.S.- KAJRAILI, DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

BIBI RUKSANA WIFE OF MD. SAHRUKH R/O VILLAGERAHMANIGANJ, P.S.- KAJRAILI, DISTRICT- BHAGALPUR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Rajive Ranjan Singh For the State :

Mr.Md. Mushtaque Alam For the Complaint/OP-2 :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State. Despite valid service of notice, nobody appears on behalf of complainant/opposite party no. 2.

2. The petitioner apprehends his arrest in a complaint case punishable for the offences under Sections 498(A), 379, 307 of the Indian Penal Code and Sections 3 / 4 of Dowry Prohibition Act.

3. It is submitted on behalf of petitioner that petitioner happens to be husband of the complainant and present case has been lodged due to petty family dispute. There is general and omnibus allegation of commission of assault and demand of dowry against petitioner. It is further submitted that petitioner is

Patna High Court CR. MISC. No.12161 of 2023(4) dt.17-07-2023 2/2 ready to keep the complainant, as his wife, with full honour and dignity and as such, he has filed a matrimonial case before the Principal Judge, Family Court, Bhagalpur, vide Matrimonial Case No. 197 of 2020, for restitution of conjugal right. It is next submitted that the case is triable by the Magistrate. In this connection, petitioner has relied upon a judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

4. Learned A.P.P. for State opposed the prayer for bail.

5. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/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., Bhagalpur in connection with Complaint Case No. 578 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure (Prabhat Kumar Singh, J) anay/- U T