Md. Shahnabaz v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29590 of 2014 Arising Out of PS.Case No. -757 Year- 2013 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ======================================================
1. Md. Shahnabaz Son of Md. Sattar Resident of Village - Gogra, P.S.- Azamnagar, District - Katihar .... .... Petitioner
Versus
1. The State of Bihar
2. Obisha Khatoon Wife of Md. Shahnabaz Daughter of Ainul Haque Resident of Village at present Laxmipur, P.S.- Barari, District - Katihar .... .... Opposite Parties.
====================================================== Appearance :
For the Petitioner : Mr. Rajendra Prasad Sah For the Opposite Parties : Mr. Ram Bachan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 23-06-2015 Heard learned counsel for the petitioner, informant and the State.
The husband is an accused of an offence punishable under Section 498A/34 of the IPC and Section 4 of the Dowry Prohibition Act, lodged by the wife ( O.P. no.2) three years after the marriage.
The allegation in substance is that she was tortured by the husband on account of non fulfillment of dowry. The matter was referred to the mediation centre of this Court which has, however, failed.
Learned counsel for the petitioner submits that
Patna High Court Cr.Misc. No.29590 of 2014 (8) dt.23-06-2015 2/3 wedlock has produced a son. The petitioner is ready and willing to maintain his wife as well as his son and to keep the complainant/wife in the matrimonial home with all respect and dignity.
Learned counsel for the informant, on the other hand, submits that nothing has been paid to the complainant for maintenance of herself and the son.
In the facts and circumstances of the case, let the petitioner, named above, in the event of his arrest/surrender before the learned Court below within a period of four weeks from today, 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 the learned Sub Divisional Judicial Magistrate, Katihar in connection with C.A. no. 757 of 2013, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner.
(ii) Along with the bail bonds the petitioner shall produce a demand Draft/bank instrument in the sum
Patna High Court Cr.Misc. No.29590 of 2014 (8) dt.23-06-2015 3/3 of Rs. 2,500/- (Two Thousand Five Hundred) favouring the complainant and/or receipt showing deposit of the said amount in the Nazarat of the Court which the complainant shall be entitled to withdraw.
(Kishore Kumar Mandal, J) Shyam/- U T