Syed Kashif- Ul- Haque v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24286 of 2015 Arising out of PS.Case No. -457 Year- 2014 Thana -SERGHATI COMPLAINT CASE DistrictGAYA ====================================================== Syed Kashif- Ul- Haque, son of Late syed Mahfuz- UI - Haque, resident of village- Abgila, P.S.- Muffasil, District- Gaya and presently residing at Arbaeen Street, Near spice Restaurant, district- Mushrifah, Jeddah (Saudi Arabia).

.... .... Petitioner

Versus

1. The State of Bihar.

2. Sayeeda Jainab, wife of Sayed Kashif - UI - Haque, resident of Mohalla New Karimganj, Road No. 15, P.S. Civil Lines, District- Gaya. .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Gautam Kumar Kejriwal, Advocate. For the State : Mr. Rajeev Nayan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2015 The petitioner is apprehending his arrest in connection with Complaint Case No. 457 of 2014 for the offences instituted under Sections 498(A), 406 of the I.P.C. and 4 of the D.P. Act. Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that the petitioner and other tortured the complainant in various manners for nonfulfilment of demand of dowry. The details of torture are found to be given in the complaint petition according to which she was subjected to torture for not giving a car by way of dowry. It is further alleged that the petitioner/husband having some illicit

Patna High Court Cr.Misc. No.24286 of 2015 (2) dt.13-07-2015 2/3 relationship with another lady ultimately for non-fulfilment of demand of car by way of dowry with the help of the elder brother/ petitioner took her all belonging including the ornaments and droved her out from her matrimonial home.

It has been submitted on behalf of the petitioner that the petitioner is ready to keep his wife with all dignity but the same is not acceptable to her. It has further been submitted that the petitioner is ready to deposit amount of Rs. 5,000/- each month in the court below which may be released in favour of the complainant.

On behalf of the State it has been submitted that the petitioner is the husband of the complainant. Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit of Rs. 5,000/- each month in the court below during pendency of the present complaint case which shall be released in favour of the complainant and on doing so, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of four months from today in connection with Complaint Case No. 457 of 2014 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., Gaya, subject to the

Patna High Court Cr.Misc. No.24286 of 2015 (2) dt.13-07-2015 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T