Nazarul Khan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4252 of 2018 Arising Out of PS.Case No. -226 Year- 2017 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Nazarul Khan, Son of Bhola Khan, resident of Village- Bhakurahar, Police Station- Bairgania, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Afroza Begam Wife of Nazarul Khan, resident of Village- Parari, Police Station- Dhaka, District- East Champaran.

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Trial No. 3318 of 2017 arising out of Complaint Case No. C-226 of 2017 registered for the offence punishable under Section 498(A) of the Indian Penal Code. The allegation in the complaint petition is that the complainant is living with the petitioner since 25 years as husband and wife and they have also got one daughter out of the said relationship, however, subsequently, the petitioner has started demanding dowry and on account of non fulfillment of the same, the complainant is being harassed by the petitioner herein.

Patna High Court Cr.Misc. No.4252 of 2018 (2) dt.25-01-2018 2/2 The learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case on account of the petitioner objecting to the nefarious activities of his wife. It is further submitted that he has a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sikrahana at Dhaka, District-East Champaran in connection with Trial No. 3318 of 2017 arising out of Complaint Case No. C-226 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) ajay gupta/- U T