Md. Shamim Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34800 of 2019 Arising Out of PS. Case No.-365 Year-2018 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Md. Shamim Ahmad, Son of Kasimuddin Edrisi, Resident of Village - Mathurapur Colony, P.O and P.S.- Dalmiya Nagar, Distt - Rohtas, Sasaram. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Alim Hussain, Son of Late Hazi Asgar, Resident of Village - Gamhariyan, P.O and P.S.- Akorhigola, Distt - Rohtas, Sasaram. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rameshwar Singh For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 365 of 2018, disclosing offences under Section 498A of IPC and Section 4 of Dowry Prohibition Act.

Prosecution story is of demand of dowry and torture to the complainant, who has one daughter also from the petitioner.

Submission of the learned counsel for the petitioner is that the whole allegation is false and concocted and he is still ready to keep her with dignity and care but the complainant is not ready to reside with him Heard learned A.P.P. as well as learned counsel for the

Patna High Court CR. MISC. No.34800 of 2019(3) dt.07-08-2019 2/3 opposite party no.2 also, they have submitted that she was subjected severe cruelty by her husband, so it is not possible to reside with him and nothing has been paid as maintenance towards herself and her daughter up till now. It has also been submitted that a Maintenance Case No.101 of 2018 has been filed by the complainant for that purpose. It has also been submitted by the learned counsel for the petitioner that petitioner has already appeared in that case. Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Sasaram, Rohtas, in connection with Complaint Case No. 365 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with the condition that he will co-operate in disposal of the maintenance case, as stated above, and will appear as and when required.

Patna High Court CR. MISC. No.34800 of 2019(3) dt.07-08-2019 3/3 interim maintenance within a period of four months. It is also made clear that petitioner has pay the amount of interim or final maintenance passed by the learned Family Court, Rohtas, unless same is revised or set aside by any court of competent jurisdiction.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T