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Patna High CourtCR. MISC./13599/2019allowed

Azhar Sheikh @ Md. Azahruddin v. The State Of Bihar

2019-03-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13599 of 2019 Arising Out of PS. Case No.-137 Year-2016 Thana- DHANKUND District- Banka * ====================================================== AZHAR SHEIKH @ MD. AZAHRUDDIN, aged about 35 years, Male, Son of Md. Asgar Resident of Village- Baliyas, P.S.- Dhoriya, O.P.- Dhankund, and District- Banka.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhirendra Kumar For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-03-2019 Heard both sides.

The petitioner apprehends his arrest in Dhankund(Dhoriya) P.S. Case No.137 of 2016 registered under Section 498(A) of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.

The informant filed complaint case No.532 of 2013 which was sent for registration and investigation on the basis of which the present F.I.R. was registered.

The learned counsel for the petitioner submits that petitioner is not the husband of the informant. The informant is in the habit of filing case after case. The informant is the wife of Md. Ehsan. She filed one complaint case No.805 of 2014 against the petitioner on 24.12.2012 making same and similar

Patna High Court CR. MISC. No.13599 of 2019(2) dt.06-03-2019 2/2 allegation and the same was dismissed. Petitioner has no manner of concern with the family affairs of the husband of the complainant.

Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released 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 the learned A.C.J.M. IV, Banka in connection with Dhankund(Dhoriya) P.S. Case No.137 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T