Patna High CourtCR. MISC./13692/2015disposed

Md. Naushad v. State Of Bihar And ANR

2015-05-08Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13692 of 2015 Arising Out of PS.Case No. -1369 Year- 2011 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ====================================================== Md. Naushad Son of Md. Hamid, Resident of Mohalla-Charsa Godown, Naya Tolas, Asarganj, P.S.- Bath, District- Bhagalpur .... .... Petitioner

Versus

1. The State of Bihar

2. Guriya Khatoon, Daughter of Md. Samsher Ali, Resident of villageRahmatnagar, Dilgauri, P.S.- Sultanganj, District- Bhagalpur .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ajay Kumar Jha, Advocate.

For the Opposite Parties : Mr. R.P.S.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-05-2015 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 1369 of 2011, registered for the offences punishable under Section 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that no marriage was solemnized between the petitioner and the complainant on such the learned counsel for the complainant produced the Nikahnama as well as photographs took at the time of Nikahnama.

Considering the facts aforesaid, the petitioner above named is directed to surrender in the court below within four

Patna High Court Cr.Misc. No.13692 of 2015 (2) dt.08-05-2015 2/2 weeks from the date of receipt/production of a copy of this order and the court below shall enlarge the petitioner on provisional bail, after issuing notice to the informant, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Learned Sub-Divisional Judicial Magistrate, Bhagalpur in connection with Complaint Case No. 1369 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and the court below shall make efforts for reconciliation between the husband and the wife and also hold enquiry that whether the marriage was solemnized or not if its found that the petitioner has put forth false defence the court below shall pass order in accordance with law on the provisional bail of the petitioner.

(Prabhat Kumar Jha, J.) KKSINHA/- U T