Md. Zafiruddin @ Md. Zafruddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19454 of 2019 Arising Out of PS. Case No.-2843 Year-2017 Thana- COMPLAINT CASE District- Araria ====================================================== Md. Zafiruddin @ Md. Zafruddin, Son of Md. Kalim, Resident of Village - Makhana Tola, Darsana, P.S.- Jokihat, Distt - Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bibi Noorjahan, wife of Md. Zafiruddin @ Md. Zafruddin, D/o Md. Najbul @ Najmul, Resident of Village - Matiyari, P.S.- Jokihat, Distt - Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-07-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No.2843-C of 2017, disclosing offences under Sections 498A/34 of the Indian Penal Code. Petitioner happens to be the husband of the complainant and prosecution story as per complain petition is that she was subjected to torture with regard to demand of Rs.2,50,000/- by the accused persons including the petitioner and they have also attempted set her on fire but due to intervention of the villagers, she was saved and thereafter, she brought back to her Maika.

Submission of the learned counsel for the petitioner is that as a matter of fact, after the marriage she is not residing

Patna High Court CR. MISC. No.19454 of 2019(4) dt.15-07-2019 2/2 with the petitioner and the whole allegations are false and concocted. It has further been submitted that no specific allegation has been attributed against the petitioner and he is still ready to keep her with dignity and care. Heard learned A.P.P. also.

On perusal of the record, it appears that earlier notice was issued to the opposite party no.2, which was received by her personally, but in spite of that, nobody appears on behalf of opposite party no.2.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Sub Divisional Judicial Magistrate, Araria, in connection with Complaint Case No.2843-C of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T