Md. Noman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15060 of 2020 Arising Out of PS. Case No.-30 Year-2019 Thana- MAHILA District- Munger ====================================================== MD. NOMAN Son of Late Md. Nehal Resident of Village - Gaura, Police Station - Haveli Kharagpur, District - Munger. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Nazrin Parveen Wife of Md. Noman Daughter of Late Md. Nehal, Resident of Village - Gaura, P.S. - Haveli Kharagpur, District - Munger. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Harun Quareshi, Advocate For the Opposite Party/s :

Mr.Atul Chandra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-04-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. It appears that despite valid service report, no one appears for opposite party no.2.

The petitioner prays for grant of anticipatory bail in a case registered for the offence punishable under section 498A/506 of the Indian Penal Code and under sections 3⁄4 of the Dowry Prohibition Act.

As per the prosecution case, informant solemnized her marriage with the petitioner on 7.6.2018. It is further alleged that when she went to the house of in-laws, all the accused

Patna High Court CR. MISC. No.15060 of 2020(6) dt.08-04-2021 2/3 persons including the petitioner started subjecting her to cruelty and harassment for dowry. It is further alleged that the petitioner and his family members asked her to pay dowry otherwise give divorce to the petitioner.

Learned counsel for the petitioner submits that the petitioner is husband of the informant. Earlier informant solemnized her marriage with one Md. Baquar on 29.1.2010 without giving Talakue to her first husband she solemnized second marriage with the petitioner and the petitioner has also filed a case for declaring the marriage null and void. However, he is ready to keep the informant/ opposite party no.2 with care and honour. Petitioner further denies that any demand of dowry was made.

Considering the facts and circumstances of the case and the undertaking of the petitioner, let the petitioner mentioned above, in the event of arrest/surrender, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of JM, Ist class, Munger in Mahila Police Station Case No. 30 of 2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.15060 of 2020(6) dt.08-04-2021 3/3 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T