Md. Irfan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34716 of 2019 Arising Out of PS. Case No.-1389 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== MD. IRFAN Son of Shekh Anwar Resident of Village - Gochhi Shekh Toli, Bairiya, P.S.- Keshariya, District- East Champaran ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Safina Khatoon Wife of Md. Irfan, D/O- Shekh Taslim Resident of Village - Siswa Sab, P.O.-Bahlolpur, P.S.- Kalyanpur, District- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, being the husband of the complainant, is languishing in custody since 04.03.2019 in a case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The prosecution case as per the complainant is that the marriage of the complainant was performed with the petitioner on 01.07.2019, but thereafter, further dowry demand of Rupees Two Lacs and one motorcycle was made and due to

Patna High Court CR. MISC. No.34716 of 2019(2) dt.28-05-2019 2/2 non-fulfillment of the same, torture was inflicted upon the complainant.

It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant. It is further submitted that demand of dowry after nine years of marriage appears to be unreasonable.

Learned APP for the State submits that the accusation is specific against the petitioner. Considering the accusation of demanding dowry after nine years of marriage, let the above named petitioner be released 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 CJM, East Champaran at Motihari in connection with Trial No. 2010 of 2018, arising out of Complaint Case No. C-1389 of 2017.

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