Md. Salim @ Salim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30629 of 2019 Arising Out of PS. Case No.-164 Year-2018 Thana- POTHIYA District- Kishanganj ====================================================== Md. Salim @ Salim, S/o Md. Hanif, R/o Village- Saitha Bari, Pathan Tola, P.S.- Pothiya, District- Kishanganj ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar Sinha For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-07-2019 This is an application for grant of anticipatory bail in connection with Pothiya Case No. 164 of 2018, disclosing offences under Sections 341, 323, 506, 498A of IPC. Allegation against the petitioner and other accused persons who happens to be the husband of the informant and petitioner and other accused persons assaulted her with respect to demand of Rs.4,50,000/-, due to that, she was ousted from the house.

Submission of learned counsel for the petitioner is that the whole allegation is false and concocted and he is still ready to keep her with dignity and care.

On the other hand, learned counsel for the opposite party no.2 has submitted that she is still ready to reside with the petitioner, if she is allowed to live with dignity and care. In such view of the matter, let the petitioner, above

Patna High Court CR. MISC. No.30629 of 2019(4) dt.25-07-2019 2/2 named, surrender before the learned court below on 05.08.2019 and on that day the opposite party no.2 shall also remain present in the Court, and further on filing of an affidavit by the petitioner that he is ready to keep her with full dignity and care and to take her from the Court itself, he will 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 Chief Judicial Magistrate-I, Kishanganj, in connection with Pothiya Case No. 164 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that he is to keep her with dignity and care.

It is also made clear that the opposite party no.2 will also co-operate the petitioner in living peaceful marital life. With the aforesaid observations, this application is disposed of.

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