Md. Khalid v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.67858 of 2018 Arising Out of PS. Case No.-1329 Year-2015 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== Md. Khalid Son of Abdul Rauf Resident of Village-Sahganj Beta, P.S. Laheriasarai, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Sahin Anwar Wife of Khalid , Daughter of Anbarul Haque Resident of Mohalla- Bari Kajipura , P.S. Laheriasarai, District- Darbhanga. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Kumar Mishra For the Opposite Party/s :
Mr. Smt. Gulnar Begam ================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner, being the husband of the complainant, is apprehending his arrest in a complaint case, wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act.
The prosecution case is that the marriage of the complainant was performed with the petitioner in 19.01.2011, thereafter further dowry demand of a car was made and due to
Patna High Court Cr.Misc. No.67858 of 2018(2) dt.14-12-2018 2/3 non-fulfillment of the same, torture was inflicted upon the complainant.
It is submitted by learned counsel for the petitioner that earlier also with similar accusation Laheriasarai P.S. Case No. 420 of 2012 was filed against the petitioner with accusation under Sections 341, 323, 504, 498A, 406, 506/34 of the Indian Penal Code and Sections 3⁄4 of Dowry Prohibition Act and in the earlier case vide order dated 07.03.2013 in A.B.P. No. 1269 of 2012 passed by learned Sessions Judge, Darbhanga, the petitoner was directed to make payment of Rs.2,500/- per month to the complainant and he is regularly paying the same, as contained in Annexure-3.
Learned APP submits that the there is specific accusation against the petitioner.
Considering the fact that in the earlier case the petitioner was directed to make payment of certain monthly amount, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Darbhanga in
Patna High Court Cr.Misc. No.67858 of 2018(2) dt.14-12-2018 3/3 connection with C.R. Case No. 1329 of 2015/Tr. No. 3039 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T