Md. Meraj Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48312 of 2016 Arising Out of PS.Case No. -3046 Year- 2015 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Md. Meraj Alam, Son of Md. Akbar Ali, Resident of Village- Bara Istambrar, Police Station- Jokihat, District Araria. .... .... Petitioner.

Versus

1. The State of Bihar.

2. Bibi Mosarat Jahan, Daughter of Md. Jainuddin, Resident of Village - Kursail, Police Station- Mahalgaon, district Araria. .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Mukesh Kumar Rana, Advocate. For the State : Smt. Sahin Begam, A.P.P. For the complainant/O.P. No.2 : None.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 15-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No.3046C of 2015 registered under Sections 498A/34 of the Indian Penal Code besides Sections 3/4 of the Dowry Prohibition Act.

The accusation is of torturing the complainant/opposite party no.2 by her husband (petitioner) and other in-laws due to non fulfillment of the dowry demand and also ousting the complainant/opposite party no.2 alongwith her children from the matrimonial house and also of performing remarriage by her

Patna High Court Cr.Misc. No.48312 of 2016 (4) dt.15-05-2017 2/2 husband (petitioner).

Learned counsel appearing on behalf of the petitioner submits that, admittedly, the petitioner is the husband of the complainant/opposite party no.2 and due to misunderstanding, he has falsely been implicated in this case. Further submission is that the petitioner is still ready to keep his wife (complainant/opposite party no.2) alongwith her children with full honour and dignity. It appears that despite service of notice under ordinary process upon the opposite party no.2, none has appeared on her behalf today.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Araria, in connection with Complaint Case No.3046C of 2015, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T