Sk. Ajad Amin @ Sk. Ajad Ali v. The State Of Bihar

Patna High Court Cr.Misc. No.57503 of 2015 (2) dt.12-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57503 of 2015 Arising Out of PS.Case No. -121 Year- 2012 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sk. Ajad Amin @ Sk. Ajad Ali S/o Anisur Rahman. Resident of villageMurgia Tola, P.S.- Ramgarhwa, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Adya Singh, Adv. For the Opposite Party/s : Mr. Dr. M.K.Gautam (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 2.

12-01-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Ramgarhwa P.S. Case no. 121/2012 registered for the offences punishable under Sections 302 and 201 of the Indian Penal Code.

The petitioner is the husband of the deceased lady who is said to have disappeared from her paternal home. Learned counsel appearing on behalf of the petitioner submits that though there is allegation that there was demand of dowry, the marriage in question took place more than twenty five years back and the deceased lady is having twenty years old son. He further submits that that it has come on record that

Patna High Court Cr.Misc. No.57503 of 2015 (2) dt.12-01-2016 the son of the deceased namely, Shamsher Alam has stated that in fact the brother of his mother had lodged the present malicious prosecution case only to harass his grandfather and father for oblique motive.

It is further submitted that actually the son has given affidavit stating that his mother had gone to her maternal home to visit her father and brother and after staying there she disappeared. Considering the nature of allegation made, the period of marriage of the petitioner and the lady alleged to have disappeared and also noticing an earlier order dated 04.09.2015 passed in Cr. Misc. 35913/2015, let the petitioner, above-named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Raxaul at Motihari (East Champaran) in connection with Ramgarhwa P.S. Case No. 121/2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J.) Vinita/- U T