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Patna High CourtCR. MISC./51765/2014disposed

Ejaz Ahmad @ Ejaz Ahmed v. State Of Bihar And ANR

2015-03-302 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51765 of 2014 Arising Out of PS.Case No. -1804 Year- 2006 Thana -BHOJPUR COMPLAINT CASE DistrictBHOJPUR ======================================================

1. Ejaz Ahmad @ Ejaz Ahmed Son of Late Mumtaz Ahmad Resident of Village - Munshi Bazar, Pakka Bazar Near Jama Masjid, Asansol, P.S. - Asansol, Santh, District - Bardwan, West Bengal. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sazia Perveen Wife of Ejaz Ahmad Daughter of Md. Hashim Resident of Milki Mohalla P.S. - Arrah Town District - Bhojpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Ataul Haque For the Opposite Party/s : Mr. Murlidhar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-03-2015 Heard learned counsels for the petitioner and the State. The petitioner being husband of the complainant is apprehending arrest in a complaint case in which cognizance has been taken for the offences punishable under section 498A of the Indian Penal Code.

The basic accusation is of torture for non fulfillment of dowry demands.

Notices were issued to the O.P. No. 2 vide order dated 5.1.2015 on submission made by learned counsel for the petitioner that the petitioner is ready to keep the complainant as wife with full dignity and honour. Statement to the said effect has been made

Patna High Court Cr.Misc. No.51765 of 2014 (3) dt.30-03-2015 2/2 in paragraph 13 of the petitioner.

The petitioner and the complainant are present. Marriage between the petitioner and complainant and the birth of a female child are admitted facts. The complainant is ready to accept the offer of the petitioner but today the petitioner has taken a changed stand that he is unable to keep the complainant as wife. In the circumstances, let the learned court below consider the prayer for regular bail of the petitioner in case the petitioner surrenders within six weeks from today in connection with Complaint Case No. 1804 C of 2006 pending in the court of learned J.M. Ist Class, Ara.

This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T