Patna High CourtCR. MISC./17915/2017bail granted

Noor Alam v. State Of Bihar And ANR

2017-09-05Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.17915 of 2017 (3) dt.05-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17915 of 2017 Arising Out of PS.Case No. -1420 Year- 2015 Thana -DARBHANGA COMPLAINT CASE District- DARBHANGA ====================================================== Noor Alam, Son of Late Rahmatullah @ Sobrati, Resident of Village- Sakri Fakran Tola, P.S.- Sakri, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kudrat Praveen, D/o Abdul Barik, Resident of Village- Maina Rahika, P.S.- Maniagachhi, District- Darbhanga.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Iqbal Asif Niazi, Advocate. For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with C.R. Case No. 1420 of 2015/ T.R. No. 2249 of 2017, registered under Sections 498(A), 323 and 504 of the Indian Penal Code. The accusation is of torturing the complainantopposite party no. 2 by her husband and in-laws due to nonfulfillment of demand of dowry and also to remove from her matrimonial house along with her child.

Learned counsel for the petitioner submits that, in fact, the marriage of the petitioner was performed with the

Patna High Court Cr.Misc. No.17915 of 2017 (3) dt.05-09-2017 complainant-opposite party no. 2 but the petitioner divorced her and filed the Case No. 633 of 2015 for confirmation of divorce in the court of Principal Judge, Family Court, Motihari and also sent notice to the complainant-opposite party no. 2 to take her personal belongings from his house. After receiving the notice for taking personal belongings, the complainant-opposite party no. 2 filed the present complaint case bearing C.R. Case No. 1420 of 2015/ T.R. No. 2249 of 2017.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six 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.-VIII, Darbhanga, in connection with C.R. Case No. 1420 of 2015/ T.R. No. 2249 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T