Patna High CourtCR. MISC./46897/2014bail granted

Md. Mustafa @ Md. Muskan v. State Of Bihar And ANR

2015-08-19Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46897 of 2014 Arising Out of PS.Case No. -1931 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Md. Mustafa @ Md. Muskan S/o Md. Kasim, Resident of VillageJhingaha, P.S.- Motipur, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shabnam W/o Md. Mustafa, D/o Md. Taslim, Resident of VillageJhingaha, P.S. Motipur, District Muzaffarpur at present residing at Village Usti Singahi, P.S. -Paroo, District- Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Mr. Sanjay KumarTiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

Despite valid service of notice upon opposite party no.2, none has appeared on her behalf.

The present application under section 438 of the Code of Criminal Procedure has been filed seeking anticipatory bail in connection with Complaint Case No.1931 of 2013 in which cognizance has been taken under section 498A of the Indian Penal Code as also under sections 3 and 4 of the Dowry Prohibition Act. It is contended that there is no truth behind the allegation of demand of dowry or subjecting the complainant to

Patna High Court Cr.Misc. No.46897 of 2014 (5) dt.19-08-2015 2/2 cruelty for non-fulfillment of the same.

Learned counsel for the State has opposed the prayer for anticipatory bail.

Regard being had to the nature of allegation, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, the above named petitioner shall be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., West Muzaffarpur in connection with Complaint Case No.1931 of 2013 subject to the conditions as laid down under section 438(2) Cr.P.C. (Ashwani Kumar Singh, J) Md.S./- U T