Md. Meraj @ Md. Meraj Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24902 of 2019 Arising Out of PS. Case No.-2573 Year-2017 Thana- COMPLAINT CASE District- Araria ====================================================== Md. Meraj @ Md. Meraj Khan Son of Zainuddin Khan Resident of Village - Narhawa Tappu, P.S.- Narpatganj, Distt - Araria. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Soni Khatoon Wife of Md. Meraj @ Md. Meraj Khan, D/o - Md. Jainul Resident of Village - Gopalpur, Ward No. 6, Majhuwa, P.S.- Forbesganj, Distt - Araria.

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

For the Petitioner/s :

Mr. Md. Naushad Uzzoha For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Complaint Case no. 2573C of 2017 registered under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Petitioner, who is said to be husband of the complainant has tormented the complainant over dowry demand along with his family members and drove her out of her marital house.

It is submitted by learned counsel for the petitioner that no such occurrence as ever took place. The petitioner has

Patna High Court CR. MISC. No.24902 of 2019(2) dt.18-04-2019 2/3 neither made any demand nor ever pestered the complainant. As a matter of fact, the complainant herself left her marital house. The petitioner is ready to keep the complainant with him with full honour and dignity.

Per contra, learned counsel for the O.P. No. 2 (complainant) turning up before the Court in person frankly submitted that the complainant is also ready to live with the petitioner, provided he keeps and maintain her with full honour and dignity.

As both the parties are ready to live with each other, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Araria in connection with Complaint Case no. 2573C of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

However, in case of any laches on the part of the petitioner, the O.P. No. 2 may move before the court below, who after making inquiry in the matter and in case of finding laches on the part of the petitioner, shall be at liberty to cancel the bail

Patna High Court CR. MISC. No.24902 of 2019(2) dt.18-04-2019 3/3 bond of the petitioner.

(Prakash Chandra Jaiswal, J) rohit/- U T