Mohammad Sakil v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18050 of 2023 Arising Out of PS. Case No.-42 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== MOHAMMAD SAKIL Son of Late Md. Jilani Resident of Mohalla-Ujjain Tola, Ward No.-34, P.S. Bettiah Town, District-West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
KHUSHBU KHATOON @ GUDIYA W/o Md. Sakil, Daughter of Shekh Md. Jainullah Resident of Mohalla-Ujjain Tola, P.S.-Bettiah Town, DistrictWest Champaran. At Present resident of Mohalla-Naya tola, Ganj No. 1, Ward No. 15, Police Station Town Bettiah, District-West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajeet Kumar Bhardwaj, Advocate For the Opposite Party/s :
Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341 , 323, 498 and 506 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.
3 . There is allegation of torture and harssment due to non-fulfillment of demand of dowry .
4. It is submitted on behalf of the petitioner that petitioner happens to be husband of O. P. No. 2. He denies the prosecution case submits that he never demanded any dowry or
Patna High Court CR. MISC. No.18050 of 2023(3) dt.20-09-2023 2/2 committed torture. It is further submitted that during pendency of this case O. P. No. 2 has contracted second marriage with someone else .
5 . Learned counsel for the O . P . No. 2 does not dispute that the O. P. No. 2 has solemnized second marriage with someone else .
6. Considering the fact that O . P . 2 has already solemnized second marriage with another person and circumstances of the case, in the event of arrest or surrender within six weeks from today, let this petitioner, as named above, 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 the learned C . J . M, Bettiah Town, West Champaran in connection with Bettiah Town P . S. Case No. 42 of 2021 , subject to the conditions laid down under section 438 of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Kaushik/- U T