Md. Moim @ Md. Moin v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35760 of 2014 Arising Out of PS.Case No. -1521 Year- 2013 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================
1. Md. Moim @ Md. Moin S/o Md. Sirajul resident of village- Jankinagar Binobagram, P.S.- Jankinagar, Dist.- Purnea .... .... Petitioner/s
Versus
1. The State of Bihar
2. Budhani Khatoon W/o Md. Moim, D/o Jamal resident of villageGopinagar, Parsa, P.S.- Barahara, Dist.- Purnea .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Mallick For the Opposite Party/s : Mr. Anant Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner being husband of the complainant is apprehending his arrest in a complaint Case No. 1521 of 2013 in which cognizance has been taken under section 498A of the Indian penal Code.
Accusation is of torture for non fulfillment of dowry demands.
The opposite party no.2 has appeared in the court suo motu and theater the matter was referred to the Mediation Centre of Patna High Court. The report of the
Patna High Court Cr.Misc. No.35760 of 2014 (6) dt.07-08-2015 2/2 Mediation dated 08.05.2015 reflects that petitioner appeared but O.P. no.2 never appeared. Today also none has appeared on behalf of O.P. no.2 It is submitted by the learned counsel for the petitioner that the petitioner is ready to keep his wife and statement to this effect has been made in paragraph 11 of the bail petition which reads as follows:- "That the petitioner is ready to keep the complainant with honour and dignity which she deserves." The petitioner admits his marriage with the complainant.
Considering the aforesaid facts, the above named petitioner in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M, Purnea in C.A. Case No. 1521 of 2013, subject to the conditions as laid down under section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) M.Rahman/- U T