Md. Rauf v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45321 of 2014 Arising Out of PS.Case No. -59 Year- 2014 Thana -COMPLAINT CASE District- BANKA ====================================================== Md. Rauf Son of Md. Hussaini Resident of Village-Churaili, P.S.-Banka, District-Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Bibi Sahina Daughter of Md. Nejam Resident of Village-Kharihara, P.S.-Barahat, District-Banka.

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

For the Petitioner/s : Mr. Md. Najmul Hodda For the Opposite Party/s : Mr. Manoj Kumar No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 29-06-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code and 4 of Dowry Prohibition Act.

The basic accusation is of torture for non-

Patna High Court Cr.Misc. No.45321 of 2014 (04) dt.29-06-2015 2/3 fulfillment of the dowry demand.

Notices were issued to the complainantopposite party no. 2 vide order dated 23.12.2014 but in spite of valid service of notice O.P. No. 2 did not appear as a result vide order dated 27.04.2015 the matter was adjourned for today as a last indulgence. Today also the petitioner is present. However, none appears on behalf of O.P. No. 2.

Though the accusation of torture has been levelled after 14 years of the marriage and the complainant has admitted in the complaint petition that she was divorced by the petitioner through mobile on 04.01.2014. However, the petitioner is still ready to keep the complainant as wife with full dignity and honour.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his 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 SDJM, Banka in connection with Complaint Case No. 59 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. If any such application has been filed on

Patna High Court Cr.Misc. No.45321 of 2014 (04) dt.29-06-2015 3/3 behalf of the complainant before the learned court below then the petitioner will be obliged to comply the undertaking given before this Court.

(Dinesh Kumar Singh, J) DKS/- U T