Md. Guddu Shekh @ Guddu Miyan @ Irshad Shekh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34385 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- MAHILA P.S. District- Bhojpur ====================================================== MD. GUDDU SHEKH @ GUDDU MIYAN @ IRSHAD SHEKH Son of Md. Sarfaraz Miyan @ Md. Sarfraj @ Shekh Sarfraj Resident of Village-Naya Bhojpur, P.S.-Dumaro, District-Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nasrin Praveen, w/o Md. Ibral, r/o village Daulatpur, P.S. Ara Muffasil, Dist. Bhojpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravindra Kumar For the Opposite Party/s :
Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Mahila P.S. Case No. 06 of 2019 registered for the offences punishable under Section 498A of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act. Petitioner happens to be husband of the informant and there is allegation of demand of Rs.2 lac and one motorcycle and for that he subjected the informant to cruelty and further allegation is that thereafter she came to reside with her brother and bhabhi but petitioner never come to take her. Submission of learned counsel for the petitioner is that she is a quarrelsome lady and she is not ready to reside with the petitioner and for that informant has appeared and
Patna High Court CR. MISC. No.34385 of 2019(3) dt.21-08-2019 2/2 categorically stated that she does not want to reside with the petitioner and petitioner is ready to keep her. In this case notice was issued to opposite party No.2 and service report disclosed that process server has met opposite party No.2 to serve the notice but she refused to take notice. Heard learned APP also.
In view of above facts and circumstances, let petitioner, in the event of arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Bhojpur at Ara, in connection with Mahila P.S. Case No. 06 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition is that if informant wants to reside with the petitioner, he shall keep her with dignity and care. (Vinod Kumar Sinha, J) spal/- U T