Md. Kamaluddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21520 of 2015 Arising Out of PS.Case No. -30 Year- 2015 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Md. Kamaluddin S/o Late Md. Yasin r/o Chandan Bara, P.S. Dhaka District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Umeshnand Pandit(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-10-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State. Petitioner Md. Kamaluddin apprehends arrest in connection with Dhaka P.S. Case no. 30 of 2015 registered for the offences punishable under sections 498-A, 323, 406, 504/34 of the Indian Penal Code and section 3⁄4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that prior to filing of the present case, petitioner had lodged a case against the informant that she had cheated the petitioner into marrying with him and as a result thereof he had given divorce to her which has been registered with Imarat Shariah, Phulwarisharif. He further submits that in view of Talaque (divorce), case filed by

Patna High Court Cr.Misc. No.21520 of 2015 (3) dt.01-10-2015 the informant seems to be an after thought.

Considering the aforementioned facts and circumstances of the case and that divorce has already been effected prior to lodging of the present case, petitioner above named, in the event of arrest or surrender in the court below within three weeks from the date of receipt/production of a copy of this order, shall be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Sikrahna at Motihari in connection with Dhaka P.S. Case No. 30 of 2015 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure, 1973. (Anjana Mishra, J) Amin/- U