Md. Sabir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48977 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- MAHILA PS District- Katihar ====================================================== MD. SABIR ALAM, Son of Fakir Mohammad, Resident of VillageKhushapur, P.S.-Kadwa, District -Katihar. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar Singh, Adv.

For the Opposite Party/s :

Miss.Shaheen Begum (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 341, 323, 504, 506, 498A, 494/34 of the Indian Penal Code and Section 3/4 Dowry Prohibition Act.

Informant has alleged in her written complaint that the marriage between informant and petitioner was solemnized on 04.01.2016 according to Muslim Customs, however after marriage petitioner and his family members started demanding dowry of Rs. 6 lacs thereafter she was being tortured for nonfulfillment of dowry. Notices were issued to opposite party no.2 in which she appeared and matter was referred to mediation center for settlement of the dispute between husband and wife.

Patna High Court CR. MISC. No.48977 of 2019(4) dt.24-01-2020 2/3 The report of mediation center has come from which it appears that dispute between parties have been resolved and terms and conditions have been incorporated in the mediation as the matter has been amicably resolved between the parties. Petitioner is ready to keep the informant with him with full honour and dignity. Petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Barsoi (Mahila) P.S. Case No. 12 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty

Patna High Court CR. MISC. No.48977 of 2019(4) dt.24-01-2020 3/3 to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T