Md. Sharif Ansari v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49685 of 2014 Arising Out of PS.Case No. -226 Year- 2013 Thana -COMPLAINT CASE District- JAMUI ======================================================
1. Md. Sharif Ansari son of Safiqu Ansari resident of village Tabaghat, P.S. Jasidih, District Deoghar (Jharkhand) .... .... Petitioner/s
Versus
1. State of Bihar
2. Sabijan Khatoon, D/o Md. Hakim Miyan, resident of village- Fatehpur, P.S.-Chakai, District- Jamui .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-05-2015 The petitioner is apprehending his arrest in connection with Complaint Case No. 226C of 2013 for the offence under Section 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
Heard learned counsel for the petitioner, learned counsel for the informant and the State.
The prosecution story, in brief, is that the informant got her marriage with the petitioner about ten years ago and she has got one daughter, but after birth of daughter her husband used to demand cash amount of Rs. 1,000,00/- in dowry. On refusal, she was subjected to cruelty for non-
Patna High Court Cr.Misc. No.49685 of 2014 (3) dt.07-05-2015 fulfillment of dowry demand. It is further alleged that again, she gave birth another daughter, then accused persons tortured her and again demanded cash of Rs. 1,000,00/- and assaulted her.
It is submitted on behalf of the petitioner that the petitioner is the husband of the complainant and he is ready to keep the complainant as his wife with full dignity and honour. On behalf of the State it is submitted that the petitioner is the husband of the complainant and specific allegation has been made against him.
Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jamui in connection with Complaint Case No. 226C of 2013, subject to the conditions as laid down u/s 438(2) Cr.P.C.
It is further directed that the petitioner shall deposit an amount of Rs. 2,000/- per month in the court below, which shall be released in favour of the complainant. Further, it has been contended on behalf of the petitioner and counsel for the complainant that the petitioner is ready to keep his wife (complainant). In case, the complainant resides with the petitioner, then in the said circumstances,
Patna High Court Cr.Misc. No.49685 of 2014 (3) dt.07-05-2015 petitioner shall not be liable for deposit of the aforesaid amount before the learned court below.
(Sudhir Singh, J) P.K./- U T