Raja Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27626 of 2020 Arising Out of PS. Case No.-1995 Year-2017 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== RAJA MIAN S/O Tunna Mian Resident of Village - Barka Barwat, P.S. - Bettiah(M), District - West Champaran.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Hajra Khatoon @ Ajmeri Khatoon W/O Raja Mian, D/O Wakil Mian Resident of Village - Lalu Nagar, Purbi Kargahiya, P.S. - Bettiah(M), District - West Champaran.

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-11-2020 Heard learned counsel for the petitioner, learned counsel for the complainant and also learned counsel for the State.

Petitioner is apprehending arrest in connection with Complaint Case No.1995-C/2017 (Tr. No.1292 of 2019) for the offence under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Learned counsel for the petitioner would submit that the petitioner has no criminal antecedent and petitioner is the husband of the complainant. The case of the complainant is that she is ready to stay with her husband provided her husband keeps her with full honour and dignity.

Considering the aforesaid fact, the Court is inclined to grant anticipatory bail to the petitioner, let the petitioner

Patna High Court CR. MISC. No.27626 of 2020(2) dt.25-11-2020 2/2 named above, be released on bail in the event of arrest or surrender before the court below within a period of one month from the date of communication of a copy of this order, on furnishing bail bond of Rs.50,000/- (fifty thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Bettiah, West Champaran in connection with Complaint Case No.1995-C/2017 (Tr.No.1292 of 2019) subject to the condition as laid down under section 438(2) of the Cr.P.C. with condition that petitioner shall keep his wife with full honour and dignity and in the event it is reported that petitioner or his family members neglect the complainant, torture either mentally or physically, the court below shall be at liberty to cancel the bail bond of the petitioner.

Learned counsels for the petitioner and the complainant submit that the petitioner and the complainant have agreed to stay at the matrimonial house, the court below is directed to ensure that on the day of release the petitioner will accompany the complainant to the matrimonial house. (Anil Kumar Upadhyay, J) B.Kr./- U T