Md. Jamil Akhtar @ Jamil Akhtar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22701 of 2017 Arising Out of PS.Case No. -1131 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== MD. JAMIL AKHTAR @ JAMIL AKHTAR Son of Manobbar Ali, resident of Village- Garahani, P.S.- Charpokhari, District- Bhojpur (Ara). .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shabana Khatoon, Daughter of Shamsher Alam, Wife of Jamil Akhtar, resident of Village, P.O. and P.S. Sigori, District- Patna. Permanent Resident of Village- Garahani, P.S.- Charplokhari, District- Bhojpur (Ara).

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

For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-06-2017 Heard learned counsel for the petitioner and the State.

The Petitioner apprehends his arrest in Complaint Case No. 1131C of 2014 registered for the offence punishable under Section 498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act.

It has been submitted on behalf of the petitioner that petitioner married with the complainant in the year 1998, hence the allegation of demand of dowry after about 18 years of marriage, appears to be unreasonable. It has further been submitted that for the same cause of action, the complainant has

Patna High Court Cr.Misc. No.22701 of 2017 (2) dt.01-06-2017 2/2 earlier lodged Charpokhari P.S. Case No. 98 of 2015 on 02.04.2015 in which the petitioner has been allowed anticipatory bail by this Hon'ble Court vide order dated 08.07.2015 passed in Cr. Misc. No. 25267 of 2015. It has also been submitted that complainant suppressed this fact that she was earlier married, hence, when the petitioner came to know the reality, he filed an application seeking dissolution of marriage bearing Muslim Divorce Case No. 268 of 2014 and thereafter Charpokhari P.S. Case No. 98 of 2015 and the present complaint has been filed against the petitioner as counter blast.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Danapur, in connection with Complaint Case No. 1131(C) of 2014, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(S. Kumar, J) Ranjan/- U T