Hasib Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33165 of 2024 Arising Out of PS. Case No.-119 Year-2018 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Hasib Alam SON OF SHEIKH USMAN ALAM Village SHIVRAJPUR, Police station NAUTAN, District west Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
RAUSHAN JAHAN W/O HASIB ALAM, D/O ABID HUSSAIN AT PRESENT R/O - VILLAGE- BAKHARI, P.S.- SHIKARPUR, DIST- WEST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Brij Kishor Mishra, Advocate For the State :
Mr. Arun Kumar Singh, APP For Opposite Party No.2 :
Mr. Vijay Shankar Shrivastava, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-07-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a complaint case registered for the offence punishable under Sections 498A, 323 and 494 of the Indian Penal Code.
3. It is a case of matrimonial cruelty due to nonfulfillment of demand of dowry.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner happens to husband of complainant/Opposite Party No. 2 and due to a petty family dispute, this false and concocted case has been lodged. It is
Patna High Court CR. MISC. No.33165 of 2024(6) dt.30-07-2024 2/3 further submitted that pursuant to order passed by the learned Principal Judge, Family Court, Bettiah, in Maintenance Case No. 27 of 2018, the complainant/Opposite Party No. 2 has already received a sum of Rs. 36,000/-, which is also recorded by the learned court below in its order dated 12.07.2024 passed in C.I.S. No. 109 of 2018. It is further submitted that petitioner undertakes to continuously pay ad interim maintenance of Rs. 2,000/- per month to the complainant/Opposite Party No. 2.
5. Learned A.P.P. for the State and learned counsel for the complainant/Opposite Party No. 2 have vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bettiah, District-West Champaran, in connection with Complaint Case No. 119 of 2018 (S.C. No. 1600 of 2022),
Patna High Court CR. MISC. No.33165 of 2024(6) dt.30-07-2024 3/3 subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T