Asfak Shah v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51572 of 2016 Arising Out of PS.Case No. -210 Year- 2014 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ====================================================== Asfak Shah s/o Mumtaz Shah resident of village - Koili, P.S. - Nanpur, Dist - Sitamarhi.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Shafina Khatoon W/o Asfak Shah, D/o Md Sadik presently residing at village - Kanhma, P.S. - Bela, Dist - Sitamarhi. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mahendra Thakur For the Opposite Party/s no.2 : Mr. Pusupendra Kumar Singh For the State : Smt. Indu Bala Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 27-04-2017 Heard learned counsel for the petitioner, opposite party no.2 and the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Complaint Case No. 210 of 2014 registered under Sections 498(A), 379, 323/34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.
Learned counsel for the petitioner submits that it would appear from the solemn affirmation of the complainant that she herself stated that her first marriage was solemnized before 25 years, which does not corroborate with the complaint petition. Further submission is that petitioner has never demanded any dowry.
Patna High Court Cr.Misc. No.51572 of 2016 (4) dt.27-04-2017 2/2 Learned counsel appearing on behalf of the opposite party no. 2 vehemently opposed the prayer of the petitioner. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Pupri at Sitamarhi in connection with Complaint Case No. 210 of 2014, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shailendra/- U T