Md. Safiqul v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14276 of 2019 Arising Out of PS. Case No.-2409 Year-2016 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== MD. SAFIQUL Son of Late Md. Jagalwa R/o village- Pachgachhi, P.S.- Kadwa, District- Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar and Anr 2.

Rahmit Khatoon @ Rahmati Khatoon D/o Md. Sajiruddin, W/o Md. Safiqul Presently residing at village- Siktia (Bairia), P.S. Azamnagar, DistrictKatihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Rahmatullah For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 05-11-2019 Heard learned counsel for the petitioner, learned counsel for the O.P. No.2 and the learned A.P.P. for the State. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Petitioner, who happens to be the husband of the complainant, is said to have tormented the complainant over dowry demand and drove her out of her marital house in association of his family members.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.14276 of 2019(6) dt.05-11-2019 2/2 petitioner that no such occurrence as alleged ever took place. He neither made any dowry demand nor subjected the complainant to any cruelty. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Parties to the case have compromised the matter through the Patna High Court Mediation Center and they are living happily as per terms of the settlement agreed upon between them before the Mediator.

Learned counsel for the O.P. No.2 has no objection against the prayer for granting bail to the petitioner. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Katihar in connection with Complaint Case No. 2409 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) amit/- U T