Sharif Kamar @ Sharif Quamar @ Md. Sharifa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28478 of 2020 Arising Out of PS. Case No.-10 Year-2018 Thana- MAHILA PS District- Jehanabad ====================================================== Sharif Kamar @ Sharif Quamar @ Md. Sharifa, aged about 33 years, GenderMale, Son of Sharafat Hussain @ Md. Sharafat Resident of Village - Dhanaul, P.S.- Kurtha, District - Arwal.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Syed Asgher Najmi, Advocate For the Opposite Party :

Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner, who is the husband of the informant, is apprehending arrest in connection with Arwal Mahila P.S. Case No.10 of 2018 for offences under Sections 323, 504, 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The allegation against the petitioner is that he has tortured and ousted the informant from her matrimonial house for non-fulfillment of dowry demand.

In paragraph 8 of the bail petition, the petitioner has specifically mentioned that he is ready to keep his wife (informant) with full honour and dignity whereas the wife of the

Patna High Court CR. MISC. No.28478 of 2020(2) dt.19-01-2021 2/2 petitioner is pressurising him to oust the parents and that is the reason, the present case has been registered. Considering the fact that the petitioner is the husband of the informant and in order to restore normalcy in conjugal life between the petitioner and opposite party no.2, this Court is inclined to grant the privilege of anticipatory bail to the petitioner. Let petitioner, above-named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees fifty thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Arwal in connection with Arwal Mahila P.S. Case No. 10 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. In the event the petitioner neglects, misbehaves or torture the informant, the court below shall be at liberty to cancel his bail bond.

(Anil Kumar Upadhyay, J) BT/- U T