Mohamad Samasad @ Samasad Idirishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24811 of 2020 Arising Out of PS. Case No.-102 Year-2019 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== MOHAMAD SAMASAD @ SAMASAD IDIRISHI S/O Late Md. Tasawar R/O Vill.- Mahadah, P.S.- Buxar (M), Dist. - Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Raziya Khatoon Wife of Samasad Idirishi, D/O Kayamuddin Idirishi R/O Vill.- Mahadah, P.S.- Buxar (M), Dist. - Buxar. at Present R/O Vill. and P.O. - Dinara, P.S. - Dinara, Dist. - Rohtas.

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

For the Petitioner/s :

Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Complaint Case No. 102C of 2019 instituted for the offence under Sections 498(A), 323 and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. This case relates to torture and harassment due to nonfulfillment of Rs. two lakh as further dowry demand and finally

Patna High Court CR. MISC. No.24811 of 2020(3) dt.05-04-2022 2/3 husband of the complainant and his family members ousted her from matrimonial home after snatching her belongings. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the complainant and has been falsely implicated in this case. He has never demanded any thing from the complainant. It is further submitted by learned counsel for the petitioner that petitioner is ready to keep his wife with full honour and dignity.

Having heard learned counsel for the parties and considering the submission made on behalf of the petitioner, this Court is inclined to enlarge him on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Complaint Case No. 102C/2019 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Bikramganj, Rohtas subject to the conditions as laid down under section 438(2) of the Cr.P.C. If the complainant wishes to live with the petitioner, she will file a petition before learned Court below. On receiving such a petition, the Court below shall issue notice to the petitioner, when it is expected from the petitioner to comply the

Patna High Court CR. MISC. No.24811 of 2020(3) dt.05-04-2022 3/3 undertaking given before this Court to keep the complainant as wife with full dignity and honour.

(Sunil Kumar Panwar, J) sushma/- U