Md. Sanaul v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33010 of 2014 Arising Out of PS.Case No. -315 Year- 2013 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ====================================================== Md. Sanaul son of Late Md. Aslam, Resident of village - Jalkaura ,P.S. Gangour ( Khagaria ) District -Khagaria .

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Arshida Khatoon . W/o Md. Sanaul . D/o Md. Sarif Resident of village - Jalkaura P.S. - Gangour ( Khagaria) Dist. Khagaria . .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-02-2015 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 315C/13 registered under Sections 498A and 323 of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act.

The complainant-wife made allegations against the petitioner-husband about demand of dowry and torture. Learned counsel for the petitioner submits that the complainant of course made allegations against her husband, but when she was examined on Solemn Affirmation, she gave a different picture. She disclosed that her husband did not solemnize second marriage. She wanted to take divorce and, therefore, she

Patna High Court Cr.Misc. No.33010 of 2014 (2) dt.09-02-2015 2/2 has filed the present case.

It appears that the complainant herself divulged in her Solemn Affirmation that she wanted to take divorce but her husband does not want to give her divorce.

Considering the facts aforesaid, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing 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, Khagaria in Complaint Case No. 315C/2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Dilip/- U T