Seraj Abdul Karim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20338 of 2019 Arising Out of PS. Case No.-860 Year-2017 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== SERAJ ABDUL KARIM, Son of Late Zariful Islam, Resident of VillageJanamdol, P.O-Bishanpur, P.S-Harish Chandrapur, District-Malda (West Bengal).

... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Hina Naaz, W/o Seraj Abdul Karim and D/o Haidar Ali, at present resides at Village-Dera Mari Hat, P.O-Patkoi Hat, P.S-Kochadhaman, DistrictKishanganj. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Qumrul Hoda For the Opposite Party/s :

Ms.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-07-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaiant Case No. C860 of 2017 instituted for the offences punishable under Sections 498A, 323, 313, 406 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

Allegation against the petitioner is that he demanded Rs.2 lac and one Maruti Car from the complainant and for nonfulfilment of demand he subjected the complainant-wife to torture, physical and mental both, and ousted her from the house.

Submission of learned counsel for the petitioner is

Patna High Court CR. MISC. No.20338 of 2019(4) dt.12-07-2019 2/3 that he is still ready to keep her and for that he also moved before the Family Court in West Bengal for restitution of conjugal right and he is a teacher.

Heard learned APP and learned counsel for the opposite party No.2, who has opposed the prayer for anticipatory bail on the ground that petitioner assaulted her and aborted her pregnancy and he ousted her from the house and for that she is not ready to reside with the petitioner and he is not paying any maintenance to her.

In view of above facts and circumstances, let petitioner surrender in the court below by 22.7.2019 and on surrender he shall released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kishanganj, in connection with Complaint Case No. C860 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition is that petitioner has to pay Rs.7000/- per month to the opposite party No.2 as maintenance for a period of one year and it is expected that

Patna High Court CR. MISC. No.20338 of 2019(4) dt.12-07-2019 3/3 during that period opposite party No.2 shall move before the competent court for grant of maintenance in which petitioner has to co-operate and he will abide by any order, either interim or final, passed by the Family Court.

(Vinod Kumar Sinha, J) spal/- U T