Md. Shamim v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34793 of 2015 Arising Out of PS.Case No. -288 Year- 2014 Thana -FALKA District- KATIHAR ======================================================

1. Md. Shamim S/o Md. Budhdhu Resident of Village Salehpur Maheshpur, Police Station Falka, District Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Husna Ara Khatoon W/o Md. Shamim, D/o Md. Samrul Resident of Village Salehpur Maheshpur, Police Station Falka, District Katihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Ram Bachan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-11-2015 Heard learned counsels for the petitioner and the State. The petitioner being husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act.

The basic accusation is of torture for non fulfillment of dowry demands.

Notices were issued to O.P. No. 2 vide order dated 11.8.2015. The office note dated 24.11.2015 reflects that in spite of valid service of notice none is appearing on behalf of O.P. No. 2.

It is submitted by the learned counsel for the petitioner

Patna High Court Cr.Misc. No.34793 of 2015 (3) dt.26-11-2015 2/2 that the petitioner admits his marriage with the informant and the birth of seven children and they are residing in the house of the petitioner.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Katihar in connection with Falka P.S. Case No. 288 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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