Ahmad Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10396 of 2020 Arising Out of PS. Case No.-1055 Year-2019 Thana- COMPLAINT CASE District- Araria ====================================================== AHMAD HUSSAIN Son of Late Tahir Resident of Village - Siktia, Police Station - Jokihat, District - Araria.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Darkhasan Daughter of Md. Aslam wife of Ahmad Hussain Resident of Village - Balwat, Police Station - Tarabari, District - Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Complaint Case No. 1055 of 2019 instituted for the offence under Section 498A of the Indian Penal Code.

As per allegation in the FIR, petitioner along with his

Patna High Court CR. MISC. No.10396 of 2020(3) dt.03-02-2022 2/3 family members have tortured in various ways due to nonfulfillment of dowry demand and finally they ousted her from matrimonial home after snatching her belongings. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the informant and has been falsely implicated in this case. He has never demanded any thing from the complainant. It is further contended by learned counsel for the petitioner that compromised has taken place as the dispute has been settled amicably between the parties. Presently complainant is living with her husband. Learned APP for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and considering the fact that both are leading their conjugal life happily, this Court is inclined to enlarge him on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Complaint Case No. 1055 of 2019 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate2nd Class, Araria subject to the conditions as laid down under

Patna High Court CR. MISC. No.10396 of 2020(3) dt.03-02-2022 3/3 section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U