Mostaque Alam @ Mostaque v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.918 of 2017 (4) dt.03-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.918 of 2017 Arising Out of PS.Case No. -2022 Year- 2015 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ====================================================== Mostaque Alam @ Mostaque, Son of Isa Mohamad, resident of villageKharawa, Hospital, Post- Belachamhi, P.S.- Chhauradano, District- East Champaran, Motihari.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Seean Khatoon, wife of Mostaque Alam, D/O Mustakim Miya, at present Res./Vill- Hardiya, P.S.- Gobindganj, JT.O.P.- Areraj, DistrictEast Champaran, Motihari. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar, Advocate. For the Opposite Party/s : Mr. Sri Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Trial No. 1547 of 2016 arising out of Complaint Case No. 2022 of 2015, registered under Section 498A of the Indian Penal Code. The accusation is of torturing the complainantopposite party no. 2 by her husband and in-laws due to nonfulfillment of demand of dowry and driving out from her matrimonial house.

Learned counsel for the petitioner submits that petitioner is ready to take his wife, complainant-opposite party no.

Patna High Court Cr.Misc. No.918 of 2017 (4) dt.03-07-2017 2, with full dignity and honour but she has not turned up despite of receiving registered notice and ordinary notice through her counsel.

Having regard to the facts and circumstances of the case, 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 six 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 the Chief Judicial Magistrate, East Champaran, Motihari, in connection with Trial No. 1547 of 2016 arising out of Complaint Case No. 2022 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T