Noore Alam @ Noor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17307 of 2019 Arising Out of PS. Case No.-423 Year-2018 Thana- GHORASAHAN District- East Champaran ====================================================== NOORE ALAM @ NOOR ALAM, Son of S. Tahir, Resident of villageShekhauna Nasipar, P.S-Ghorasahan, District-East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-03-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 10.01.2019 in a case registered for the offences punishable under Sections 498A/34 of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act.

The prosecution case as per the written report of Afsana Khatoon submitted to the S.H.O. Ghorasahan P.S. is to the effect that on 30.07.2018, the petitioner allured the informant and took her to Delhi. Subsequently, on 20.09.2018 the petitioner performed marriage with the informant at Tees

Patna High Court CR. MISC. No.17307 of 2019(2) dt.27-03-2019 2/3 Hazari Court. Thereafter, on 24.09.2018 the petitioner brought the informant to his house and subsequently, further dowry demand of Rs.50,000 was made and due to non-fulfillment of the same, torture has been inflicted upon the informant. It is further alleged that on 30.10.2018 at about 12.00 P.M., the informant was driven out from her matrimonial house by all the in-law family members including the petitioner. Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour, statement to that effect has been made in paragraph no. 10 of the petition which reads as follows:- "10. That the petitioner is ready to keep his wife with full dignity and owner."

A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by the learned APP for the State that the thrust of accusation is against the petitioner. Considering the nature of accusation and present stand of the petitioner that he is ready to keep the informant as wife with full dignity and honour, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten

Patna High Court CR. MISC. No.17307 of 2019(2) dt.27-03-2019 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sikrahana at Dhaka, East Champaran in connection with Ghorasahan P.S. Case No.423 of 2018.

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