Safique Ahamad @ Safikur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28791 of 2019 Arising Out of PS. Case No.-2686 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Safique Ahamad @ Safikur Rahman Son of Late Sheikh Sahid, Resident of Village-Bela, Sheikh Toli, Police Station-Ramgarhwa, District-East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Amna Khatoon Wife of Safique Ahamad @ Safikur Rahman, D/o Md. Arif, At Present R/village-Jaisinghpur, Retwa Tola, Police Station-Turkaulia, District-East Champaran.

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

For the Petitioner/s :

Mr.Dhurendra Kumar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-05-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.C-2686 of 2017 for the offences allegedly committed by the petitioner under Section 498(A) of the Indian Penal Code and under Section 3⁄4 of the Dowry Prohibition Act. The complainant alleged that she was married with the petitioner in the year 1986 but after marriage, her husband began to demand Rs.50,000/-. She further alleged that on 08.10.2005 her husband tried to strangulate her but she somehow saved her life. The parents of the complainant gave 9 katha land to the husband of the complainant but the husband of

Patna High Court CR. MISC. No.28791 of 2019(2) dt.01-05-2019 2/2 the complainant is bent upon to sell the said land. Learned counsel for the petitioner submits that the marriage was solemnized in the year 1986. The occurrence is alleged to have taken place in the year 2005 but the complainant filed the complaint case only on 22.12.2017. On the face of it, it appears that some dispute arose between the husband and his wife and for that the wife of the petitioner filed the complaint case making allegation of torture and demand of Rs.50,000/-.

Having considered the facts and the nature of allegation made against the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., East Champaran, Motihari in connection with Complaint Case No.C-2686 of 2017 (T.R. No.2144 of 2018), subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.