Md. Jamsed v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39815 of 2017 Arising Out of PS.Case No. -556 Year- 2015 Thana -COMPLAINT CASE District- SUPAUL ======================================================

1. Md. Jamsed Son of Md. Kaium Miya Resident of Village- Chakdaha, Police Station- Triveniganj, District- Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kulsum Khatoon Wife of Md. Jamsed & daughter of Md Vakil Resident of Village- Chakdaha, Police Station- Triveniganj, DistrictSupaul. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Complaint Case No. 556 C of 2015 instituted for the offence under Sections-120B, 498A, 341, 342, 323, 504 & 379 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

It has been submitted that the complainant is a lady of cruel nature. She had love affair with Md. Nadim. She became pregnant from Md. Nadim and later on, he denied marrying with her. Thereafter, she has filed Complaint Case No. 402 C of 2013 against Md. Nadim. She has filed instant case against this petitioner in 2015 claiming her to be wife of the petitioner. It is nowhere mentioned the date or year when she got married with the petitioner.

Notice was issued to opposite party No. 2 but in spite of

Patna High Court Cr.Misc. No.39815 of 2017 (5) dt.16-11-2017 2/2 valid service of notice, she did not appear.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Complaint Case No. 556 C of 2015 to the satisfaction of learned Chief Judicial Magistrate, Supaul subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if 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.

(Sanjay Priya, J) A.K.V./- U T