Patna High CourtCR. MISC./650/2017bail granted

Md. Sairaj Baitha v. State Of Bihar And ANR

2017-01-11Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.650 of 2017 Arising Out of PS.Case No. -1890 Year- 2015 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ======================================================

1. Md. Sairaj Baitha son of Md. Nijam Baitha Resident of Village - Siswa Nasar Bazar, P.S. Parihar, District - Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Samida Khatoon Wife of Md, Sairaj Baitha, D/o Md. Arfi Baitha At present residing at Village - Kanhwa, Tole Ram Nagar, P.S. Bela, District - Sitamarhi.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 11-01-2017 Heard both sides.

The petitioner seeks bail in Complaint Case No. C11890/2015, registered for the offences punishable under Section 498(A) of the Indian Penal Code.

This petitioner is husband of the complainant against whom the complainant alleged that he was demanding dowry and as the said demand was not fulfilled she was ousted from his house. This petitioner was married with the complainant about 13 years ago and from the said wedlock they got four children. From the order of Sessions Judge vide BP No. 1939/2016, it appears that the complainant was summoned for re-conciliation but she did not

Patna High Court Cr.Misc. No.650 of 2017 (2) dt.11-01-2017 2/2 appear before the court.

The contention of the learned counsel for the petitioner is that the complainant is not willing to live with the petitioner. Learned Additional P.P., on the other hand, opposed the submission.

Considering the facts aforesaid and the fact that the marriage took place about thirteen years ago, the petitioner above named is directed to 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, Sadar, Sitamarhi in connection with Complaint Case No. C1-1890/2015.

(Sanjay Kumar, J.) Rakhi U T