Md. Akram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37169 of 2019 Arising Out of PS. Case No.-53 Year-2018 Thana- MAHILA P.S. District- Kishanganj ====================================================== Md. Akram, Son of Md. Islam, Resident of Village - Ruidhasa ward No.23, P.s. and Dist.- Kishanganj.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sufi Khatun, W/o Md. Akram , D/o Md. Ziauddin, Resident of Village - Neura , P.O. Neura, P.S.- Bihta, dist.- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar Singh, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2019 This is an application for grant of anticipatory bail in connection with Kishanganj Mahila P. S. Case No. 53 of 2018, disclosing offences under Sections 498A, 494, 323, 504, 506, 34 of IPC and Section 3⁄4 of Dowry Prohibition Act. Petitioner happens to be the husband of the informant and there is allegation that she was assaulted and ousted from the house for the demand of Rs.1,00,000/-.

Submission of the learned counsel for the petitioner is that he is still ready to keep her with dignity and care, but she is not ready to reside with him. There is allegation that he has solemnized the second marriage.

Heard learned A.P.P. also.

Patna High Court CR. MISC. No.37169 of 2019(3) dt.19-09-2019 2/2 In this case earlier notice was issued to the opposite party no.2, but it appears that in spite of registered cover notice, she has not appeared in this case. Nor any vakalatnama has been filed on her behalf.

Having heard both sides, considering the above submissions, this application is allowed. Let the petitioner, above named, surrender before the court below within two weeks from the date of receipt of certified copy of this order, on surrender, he will be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned S.D.J.M., Kishanganj, in connection with Kishanganj Mahila P. S. Case No. 53 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that in future if the opposite party no.2-informant is ready to reside with him, he has to keep her with dignity and care.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T