Md. Ibrahim v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19595 of 2016 Arising Out of PS.Case No. -1053 Year- 2014 Thana -COMPLAINT CASE District- ARRARIA ======================================================

1. Md. Ibrahim son of Md. Siddique, Resident of Village- Gogra, P.S.- Jokihat, District- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bibi Sahida Khatoon D/o Md. Quddus Resident of Village- Gora, P.S.- Jokihat, District- Araria.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Kumar Jha For the Opposite Party/s : Mr. Binod Kumar-Iii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-08-2016 The petitioner is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfilment of dowry demand. The petitioner and the complainant are present in the Court.

The complainant claims to have married with the petitioner in the year 2012 and gave birth to a female child in the year 2014.

It is submitted by learned counsel for the petitioner that petitioner disputes the factum of marriage and

Patna High Court Cr.Misc. No.19595 of 2016 (3) dt.30-08-2016 2/2 birth of child.

In the circumstances, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for six months on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Complaint Case No. 1053C of 2014.

Both sides agree to appear before learned Court below on 19th of September, 2016 when learned Court below will make arrangements to get the DNA matching of the child made with the petitioner and the complainant to some authorized centre.

The provisional bail of the petitioner will be confirmed by learned Court below if the DNA sample of the child will not match with the petitioner, but if the DNA sample of the child will match with the petitioner then petitioner will surrender and pray for regular bail.

(Dinesh Kumar Singh, J) Shageer/- U T