Md. Jaynal Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40013 of 2020 Arising Out of PS. Case No.-178 Year-2019 Thana- ABADPUR District- Katihar ====================================================== Md. Jaynal Ali Son Of Naushad ALI RESIDENT OF VILLAGE - CHAPAKHOR , P.S. - ABADPUR DISTRICT - KSTIHAR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhola Prasad For the Opposite Party/s :

Mr.Sanjeev Kr.Singh Md.Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 02-12-2021 Heard both sides.

The petitioner apprehends his arrest in Abadpur P.S. Case No.178 of 2019 registered under Sections 498(A), 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. On perusal of Annexure 1, 2, 3 and 4, it would be evident that after ten years of marriage, due to non-fulfillment of demand of dowry, the informant lodged the present case against the petitioner. The informant has already married to Sheikh Mokiuddin and is residing with her children without taking divorce from the petitioner. When the petitioner came to know about the same, he filed a complaint case against the informant

Patna High Court CR. MISC. No.40013 of 2020(7) dt.02-12-2021 2/2 and her family members. It also appears that the informant for making her house got transferred the land in her favour from the father of the petitioner and thereafter she left her in-laws house. The informant appeared before the Sarpanch of the village for a direction to the petitioner to return the dain mohar and thereafter a certificate was issued in this regard. Having considered the above facts and circumstances of the case, the petitioner, above named, in the event of his arrest or surrender before the learned 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/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Katihar in connection with Abadpur P.S. Case No.178 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) Harish/- U T