Shekh Bahore @ Md. Bahore v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22885 of 2019 Arising Out of PS. Case No.-2185 Year-2011 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== SHEKH BAHORE @ MD. BAHORE, aged about 69 yrs. (Male), S/o Late Md. Hafeej, Resident of Village- Parora Police Station- Chaurahi (O.P.), Cheriyabariarpur, District- Begusarai.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Raushan Khatoon, W/o Md. Azad, D/O Md. Manjoor, R/O Village- Parora, Police Station- Chaurahi (O.P.), District- Begusarai. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhimanyu Sharma For the Opposite Party/s :
Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 498 (A), 323, 379, 504, 354/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
Informant has instituted a complaint case before the CJM, Begusarai against the petitioner who is father-in-law of the complainant in which she has alleged that she was married to son of petitioner 11 months before and after marriage, she went to her matrimonial home where she stayed for 15 days as
Patna High Court CR. MISC. No.22885 of 2019(8) dt.29-11-2019 2/3 her husband remained outside for his livelihood and petitioner asked her to bring Rs.30,000/- as dowry otherwise he will get his son married for second time and on her refusal, he started abusing and assaulting by fists and slaps and also disrobed her and on 15.09.2011, he attempted to commit rape with her. It has been submitted on behalf of the petitioner, who is 70 years old, that he is innocent and due to complaint lodged by him against the informant as a retaliation, this case has been filed. Previously also for same allegation, she had instituted a F.I.R. giving rise to Khodabandpur P.S. Case No.123/11.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Complaint Case No.2185C/11 subject to the condition as laid down under Section 438(2) of the Cr.P.
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
Patna High Court CR. MISC. No.22885 of 2019(8) dt.29-11-2019 3/3
(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Sanjay/- U T