Md. Salim @ Salim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16307 of 2020 Arising Out of PS. Case No.-2761 Year-2014 Thana- COMPLAINT CASE District- Araria ====================================================== Md. Salim @ Salim, Son Of Md. Moin Resident Of Village - Basmatiya, P.S.- Narpatganj, District - Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Soni Khatoon, Wife of Md. Salim @ Salim D/o - Md. Zainuddin, Resident of Village - Kirkichiya, Ward No. 4, Tola Kotheli, P.S.- Forbesganj, District - Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Naushad Uzzoha For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and being husband has been falsely implicated in the present case. It is next submitted that in compliance of the order of this Court, notices were filed for being served upon the opposite party no.2 and from perusal of the office report, it would manifest that the opposite party no.2 has personally received the notice. It is next

Patna High Court CR. MISC. No.16307 of 2020(6) dt.06-07-2023 2/3 submitted that the opposite party no.2 despite receiving the notice, chooses not to contest the case. It is further submitted that opposite party no.2 has already performed her second marriage and as such, is not appearing to contest the case. It is also submitted that specific pleading at Para-10 of the anticipatory bail application has been made that after instituting the present case, the complainant has performed her second marriage with Md. Kalam.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Araria in connection with Complaint Case No.2761-C of 2014, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

However, the complainant shall be at liberty to file an application seeking cancellation of the bail order of the petitioner, in the event, if she has not performed her second

Patna High Court CR. MISC. No.16307 of 2020(6) dt.06-07-2023 3/3 marriage, before this Court.

(Satyavrat Verma, J) vikash/- U T