Ajaj Ahmad @ Tunna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1329 of 2016 Arising Out of PS.Case No. -185 Year- 2015 Thana -BARHARIA District- SIWAN ======================================================

1. Ajaj Ahmad @ Tunna Son of Late Nezamul Haque, Resident of Village - Tetahali Mukhiya Ke Tola, Police Station - Barharia, District -Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amir Alam For the Opposite Party/s : Mr. S.M. Rahman (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-01-2016 Petitioner being husband of the informant is languishing in custody since 04.11.2015 in a case registered for the offences punishable under Sections 498A, 406, 307, 323, 379, 504, 506, 511 of the Indian Penal Code. The accusation is of torture for non-fulfilment of dowry demand. It is further alleged that the accused persons made an attempt to cause burn injury but on prayer made by the informant the injury was not caused.

It is submitted by learned counsel for the petitioner that accusation of demand of dowry has been levelled after nine years of marriage and even assuming the accusation no case under Section 307 I.P.C is made out.

It is submitted by learned counsel for the informant that informant was tortured and was driven out from the matrimonial house. Moreover the petitioner has performed

Patna High Court Cr.Misc. No.1329 of 2016 (2) dt.18-01-2016 2/2 second marriage, though case has not been registered under Section 494 of the Indian Penal Code.

Considering the nature of accusation, let the petitioner, above named, be released on provisional bail for three months on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Barharia P.S. Case No. 185 of 2015. Learned Court below will make an effort to reconcile the issue between the parties since the differences have cropped in after nine years of marriage. On substantial restoration of matrimonial harmony the provisional bail of the petitioner will be confirmed by learned Court below. It is made clear that if the petitioner will fail to appear on the next date fixed by learned Court below, learned Court below will be at liberty to cancel the bail bonds of the petitioner. (Dinesh Kumar Singh, J) Shageer/- U T