Md. Habibur Rahman @ Habibur Rahman @ Abul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32490 of 2014 Arising Out of PS.Case No. -2886 Year- 2012 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ====================================================== Md. Habibur Rahman @ Habibur Rahman @ Abul son of Md. Ajijur Rahman, resident of village - Kadamgachi, P.S.- Ajamnagar, DistrictKatihar .... .... Petitioner/s
Versus
1.The State of Bihar 2.Bibi Sailun Khatoon wife of Habibur Rahman daughter of Abdur Rashid, resident of village-Kadamgachi, P.S.- Ajamnagar, District- Katihar, president resident of village-Dibsiya, P.S.-Ajamnagar, District- Katihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Singh, Advocate For the Opposite Party/s : Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.
Despite valid service of notice, the opposite party has chosen not to appear before this Court.
The present application under section 438 of the Code of Criminal Procedure has been filed seeking anticipatory bail in connection with Complaint Case No.2886 of 2012 in which cognizance has been taken under section 498A read with 34 of the Indian Penal Code.
It is contended that the allegations made in the complaint are absolutely false and there is no truth behind the
Patna High Court Cr.Misc. No.32490 of 2014 (7) dt.19-08-2015 2/2 allegation of demand of dowry or subjecting the complainant to cruelty for non-fulfilment of demand of dowry. Learned counsel for the State has opposed the prayer for bail.
Regard being had to the nature of allegation, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, the above named petitioner shall 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 Chief Judicial Magistrate, Katihar in connection with C.A. No.2886 of 2012 subject to the conditions as laid down under section 438(2) Cr.P.C. (Ashwani Kumar Singh, J) Md.S./- U T