← Library
Patna High CourtCR. MISC./41226/2023bail granted

Md. Tohid Alam @ Md. Tohid @ Md. Tihid @ Md. Tauhid v. The State Of Bihar

2023-09-18Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41226 of 2023 Arising Out of PS. Case No.-864 Year-2022 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Md. Tohid Alam @ Md. Tohid @ Md. Tihid @ Md. Tauhid son of Abdul Rahim Village- Marangitola Ps- Barari Dist- Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kismat Ara wife of Md. Tohid Alam @ Md. Tohid @ Md. Tihid @ Md. Tauhid, D/o- Md. Saifuddin Village- Kathotia Ps- Barari Dist- katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Bimal Kumar For the State :

Mr.Humayou Ahmad Khan For the O.P.-2 :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and learned Addl. Public Prosecutor. Nobody appears on behalf of complainant / opposite party no. 2. On last date also i.e. 31.08.2023, nobody had appeared on behalf of opposite party no. 2.

2. The petitioner apprehends his arrest in a complaint case punishable for the offence under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. As per complaint case, this petitioner is alleged to have committed torture and harassment with the complainant / opposite party no. 2 due to failure to meet the demand of dowry.

4. It is submitted on behalf of petitioner that petitioner, who is husband of complainant/opposite party no. 2,

Patna High Court CR. MISC. No.41226 of 2023(4) dt.18-09-2023 2/2 denies the allegation made in the complaint petition and submits that he is ready to keep the complainant/O.P.-2, as his wife, with full honour and dignity. The allegation made in the complaint petition is general and omnibus in nature. Moreover, the case is triable by the learned Magistrate.

5. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, 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 learned S.D.J.M., Katihar in connection with Complaint Case No. 864 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T