Shamsher Alam @ Md. Shamsher v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3699 of 2015 Arising Out of PS.Case No. -3246 Year- 2012 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Shamsher Alam @ Md. Shamsher S/O Md. Yusuf, Resident of VillagePurvi Aurahi, P.S.- Simraha, District- Araria .... .... Petitioner

Versus

1. The State of Bihar

2. Ajmeri Khatoon D/o Mehmed Bechan W/o Shamsher Alam, Resident of Village- Hushenpur Ward No.- 3, P.S.- Raniganj, District- Araria .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Kundan Kumar Singh, Advocate.

For the Opposite Parties : Mr. Ajit Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-05-2015 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 3246 (C) of 2012, registered for the offences punishable under Section 498A of the Indian Penal Code.

Learned counsel for the petitioner submits that the complainant has not made any specific allegation against the petitioner about the demand of dowry and torture, but the learned counsel for the complainant submits that the petitioner kidnapped a girl and he went to jail for which Sessions Trial No. 126 of 2014 is still going on. The petitioner again solemnized second marriage with one Pinki Khatoon.

Considering the facts aforesaid, the petitioner above

Patna High Court Cr.Misc. No.3699 of 2015 (4) dt.22-05-2015 2/2 named is directed to surrender in the court below within four weeks from the date of receipt/production of a copy of this order and the court below shall enlarge the petitioner on provisional bail for one month, after issuing notice to the informant 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, Araria in connection with Complaint Case No. 3246 (C) of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and the court below shall make efforts for reconciliation between the husband and the wife and it is brought on record that the petitioner had kidnapped a girl for which Sessions Trial No. 126 of 2014 is still going on the court below shall pass order on merits of the provisional bail of the petitioner.

(Prabhat Kumar Jha, J.) KKSINHA/- U T