Md. Arman v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.14648 of 2017 (4) dt.01-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14648 of 2017 Arising Out of PS.Case No. -679 Year- 2014 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ====================================================== Md. Arman, Son of Md. Abdur Rahman, resident of Village- Sugauna, P.S. Rahika, District- Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Afsana Khatoon, Wife of Md. Arman, Daughter of Md. Mustkim, resident of Village- Balua Tole, P.S. Kaluahi, District- Madhubani. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 679 of 2014 registered under Sections 323, 379, 498(A) and 504/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The accusation is of torturing the complainantopposite party no. 2 by her husband and in-laws due to nonfulfillment of demand of dowry. Learned counsel for the petitioner submits that petitioner and the complainant-opposite party no. 2 had appeared

Patna High Court Cr.Misc. No.14648 of 2017 (4) dt.01-11-2017 before the Panchayat and they decided to live separate. Thereafter, complainant-opposite party no. 2 has performed her marriage with one Md. Ajad, residence of village- Bhakwa, DistrictMadhubanim, but only to give under pressure the present case has been lodged.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six 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 the S.D.J.M., Madhubani, in connection with Complaint Case No. 679 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T