Tahir Mian @ Tahir Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34584 of 2019 Arising Out of PS. Case No.-4948 Year-2016 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Tahir Mian @ Tahir Ali, aged 47 years (M), S/o Naubat Mian R/o villageJangaldharampur, Bishunpura, P.O.- Kathkuiya, P.s.- Padrona, DistrictKushinagar, U.P ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rukhsana Khatoon W/o Seraj Ahmad, D/o Asha Mahammad R/o villagePurkhash Tola Laxmipur, Kachahari, P.O.- Bodha Chhapar, P.S.- Gopalpur, District- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code.

The prosecution case is that due to non-fulfilment of demand of dowry, she was tortured by the family members of the husband.

Contention of the petitioner is that petitioner is elder brother of the husband of the complainant. He further submits that the husband of the complainant has already been granted

Patna High Court CR. MISC. No.34584 of 2019(2) dt.28-05-2019 2/2 pre-arrest bail by this Court in Cr.Misc.No.66718 of 2018 vide order dated 01.11.2018.

Considering the facts aforesaid, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XI, Gopalganj/successor Court in connection with C. Case No.4948 of 2016, Trial No. 1994/18, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioner.

(Prabhat Kumar Singh, J) B.Kr./- U T