Md. Arif v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12940 of 2015 Arising Out of PS.Case No. -2352 Year- 2011 Thana -COMPLAINT CASE District- ARRARIA ======================================================

1. Md. Arif Son of Md. Hakim, Resident of Village - Raghubansnagar, Police Station - Raghubansnagar, District - Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rubi Praveen Daughter of Abdul Hafiz, Resident of Village - Azam Nagar (Kushiyargaon), Police Station & District - Araria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr. Dr. Kr.Uday Pratap(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-05-2015 The petitioner is apprehending his arrest in connection with Complaint Case No. 2352 of 2011 instituted under Section 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

Heard learned counsel for the petitioner and the State.

The prosecution story, in brief, is that the complainant got her marriage with the petitioner about 5 years ago and accused persons demanded Rs. 50,000/- as dowry and after non-fulfillment of the same she was assaulted and tortured and ousted from her matrimonial house. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Further, it has been submitted that the petitioner is ready to keep the

Patna High Court Cr.Misc. No.12940 of 2015 (2) dt.21-05-2015 complainant along with him with dignity and honour, but same is not acceptable to the complainant. It has further submitted on behalf of the petitioner that the petitioner is ready to deposit an amount of Rs. 1500/- per month in the learned court below and the same may be released in favour of the complainant. On behalf of the State it has been submitted that the petitioner is the husband of the complainant and named in the complaint case.

Considering the aforesaid fact that the petitioner is ready to deposit an amount of Rs. 1500/- per month in the learned court below and the same shall be released in favour of the complainant, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of eight weeks, 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 Sub-Divisional Judicial Magistrate, Araria in connection with Complaint Case No. 2352 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Sudhir Singh, J) P.K./- U T