Sabir Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45602 of 2021 Arising Out of PS. Case No.-626 Year-2018 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== SABIR ALI Son of Md. Salim @ Salil Resident of Village - Harchandra, P.S.- Kanti, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Kanij Fatima W/o Sabir Ali Resident of Village - Dharmpur, Ward No.7, Baital Chouk, P.S.- Town, Dist.- Samastipur.

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

For the Petitioner/s :

Mr. Rajeev Ranjan For the Opposite Party/s :

Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in Complaint Case No.626 of 2018, registered for the offences punishable under Sections 498A/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The petitioner along with his family members are said to have tortured the complainant physically and mentally for non-fulfillment of demand of additional dowry. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is the husband of the complainant

Patna High Court CR. MISC. No.45602 of 2021(5) dt.28-07-2022 2/2 and both are living together.

Taking into consideration the fact that petitioner and complainant are living together, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on provisional anticipatory bail for a period of three months on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Samastipur in connection with Complaint Case No.626 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. The learned court below, after three months, shall verify whether petitioner and complainant are living together or not and if it is found that petitioner and complainant are living together, the learned court below shall confirm the bail bond of the petitioner.

(Anjani Kumar Sharan, J.) Sanjay/- U T