Md. Shamim v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57292 of 2015 Arising Out of PS.Case No. -1075 Year- 2015 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ====================================================== Md. Shamim, son of Md. Jamluddin, resident of Khanka Gali, No. 7, Police Station- Kasimbazar, District- Munger. At present residing at Kabari ki Dukan, Purab Bazar, Hatiya Gachhi, Near Pashikhana Police Station and District- Saharsa.
.... .... Petitioner
Versus
1. The State of Bihar
2. Bibi Soni Parwin, wife of Md. Shamim, Daughter of Late Md. Hashim, resident of Khanka Gali, No. 7, Police Station- Kasimbazar, DistrictMunger. Presently residing at Villae Sitanabad, Police Station BAkhtiyarpur, District Saharsa.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Satish Kumar Singh For the Opposite Party/s : Mr. Ram Bachan Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 2.
21-12-2015 The petitioner is the husband, who is sought to be prosecuted by his wife, and as such his apprehension of arrest in Complaint Case No. 1075 of 2015 pending before learned Judicial Magistrate, 1st Class, Saharsa, registered under Sections 498A of the Indian Penal Code.
Learned counsel for the petitioner states that marriage had taken place in the year 2014, and in the year 2015, they were blessed with a male child. She alleges that she has been ill-treated and thrown out of the house because of demand of dowry. It is stated on behalf of the
Patna High Court Cr.Misc. No.57292 of 2015 (2) dt.21-12-2015 petitioner that the petitioner has already filed an application for restoration of conjugal rights before the Principal Judge, Family Court, Munger, which is pending. The relationship has soured to such an extent that when petitioner's father i.e. father-in-law of the lady died she even refused to go and participate in the last rites or ceremony associated therewith. He is ready to keep her with proper dignity and responsibility to the family. Be that as it may, in the event of his arrest/surrender before the court below within four weeks, let the petitioner, namely, Md. Shamim, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saharsa, in connection with Complaint Case No. 1075 of 2015, subject to conditions laid down under Section 438 (2) of the Code of Criminal Procedure. (Navaniti Prasad Singh, J.) Rajeev/- U T