Ataur Rahman @ Ataur Rahman Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32292 of 2019 Arising Out of PS. Case No.-2431 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Ataur Rahman @ Ataur Rahman Khan, Aged about 30 years, Male, Son of Junaid Khan, Resident of Village Pandari, P.S. Dhaka, District East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Fatma Zohra, Aged about 22 years, Female, D/o Gulam Murtaja Khan, Resident of Village Jugauliya Tola Gulab Khan, P.S. Madhuban, District East Champaran.

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-05-2019 Heard both sides.

Petitioner apprehends his arrest in Complaint Case No. C-2431 of 2017, registered under Section 498A of the Indian Penal Code as well as under Sections 3 and 4 of the Dowry Prohibition Act.

The complainant-wife of the petitioner made allegation of demand of dowry and torture but the learned counsel for the petitioner submits that the petitioner was ready to keep his wife with full respect and dignity. The petitioner filed Matrimonial Case No.399 of 2017 when the wife did not agree to live with the petitioner. Thereafter the complainant filed

Patna High Court CR. MISC. No.32292 of 2019(2) dt.16-05-2019 2/2 the present case only to put undue pressure on the petitioner. It is further submitted that a panchayati was also held and it was decided that the husband and wife will part with each other after settling the disputes but even then the wife of the petitioner lodged this case.

Considering the facts aforesaid that the wife is not willing to live with the petitioner and petitioner has also filed matrimonial case being Matrimonial Case No.399 of 2017, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, 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 the learned C.J.M., East Champaran at Motihari in connection with Complaint Case No. C-2431 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T