Aashim Raja @ Asim Raja v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35385 of 2017 Arising Out of PS.Case No. -1443 Year- 2016 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ======================================================

1. Aashim Raja @ Asim Raja, Son of Aftab Alam, Resident of Nandpur, Diulia, Ward No. 04, Narkatiyaganj, P.S.- Shikarpur, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Nafis Fatima, wife of Aashim Raja @ Asim Raja, Son of Aftab Alam, Daughter of Jahid Hussain, Resident of Nandpur Diulia, Ward No. 4, Narkatiyaganj, P.S.- Shikarpur, District- West Champaran, at present professor colony Narkatiyaganj, P.S.- Shikarpur, District- West Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-08-2017 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of S.C. No. 1187 of 2016 arising out oc Complaint Case No. 1443C of 2016, disclosing offence under Section 498A of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act. Petitioner is the husband of the complainant. Learned counsel for the petitioner submits that the petitioner is ready to keep the complainant with full honour, love and dignity.

It is evident from the materials on record that

matrimonial discord between them is the root cause for registration of the First Information Report. No purpose will be served, if the petitioner is taken into custody. It is submitted that the petitioner shall present himself before the police as and when required and there is no chance that he will tamper with the evidence or influence the witnesses. Considering the nature of accusation and submissions advanced on behalf of the petitioner, 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 Sub Divisional Judicial Magistrate, Bettiah, West Champaran, in S.C. No. 1187 of 2016 (Complaint case No.

1443C/2016), 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.

ArunKumar/- (Chakradhari Sharan Singh, J) U