Md. Ibrahim @ Ibrahim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40653 of 2019 Arising Out of PS. Case No.-17 Year-2017 Thana- MAHILA P.S. District- Kishanganj ====================================================== MD. IBRAHIM @ IBRAHIM Son of Md. Jainul Resident of Village - Baksa, P.S.- Pothia, District - Kishanganj.
... ... Petitioner
Versus
THE STATE OF BIHAR and Another ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr.Diwakar Sinha For the Opposite Party/s :
Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. Despite valid service of notice on the informant, there is no representation on her behalf.
This application for anticipatory bail arises out of Kishanganj Mahila P.S. Case No. 17 of 2017 for the offence punishable under Sections 498A, 341, 323, 313/34 of the Indian Penal Code and Section 3 and 4 of D.P. Act.
The petitioner is the husband of the informant. Learned counsel for the petitioner has submitted that the allegation of demand of dowry, as made in the First Information Report, is cosmetic in nature. He submits that matrimonial dispute is the reason why false criminal case has been lodged. He has further submitted that the petitioner is willing to live with the informant and extend her full honour and dignity.
Patna High Court CR. MISC. No.40653 of 2019(7) dt.12-06-2020 2/2 Considering the submissions made on behalf of the petitioner, as noted above, and the fact that the petitioner has been granted interim protection by order dated 24.09.2019, this application is allowed.
Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released 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 S.D.J.M., Kishanganj in Kishanganj Mahila P.S. Case No. 17 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Pawan/- U T