Md. Tahir Hussain @ Bablu v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17644 of 2015 Arising Out of PS.Case No. -2118 Year- 2013 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== Md. Tahir Hussain @ Bablu, son of Md. Zaher Hussain, resident of villagePurbari Jhirwa, P.S.-Simarha, District-Araria. .... .... Petitioner
Versus
1. The State of Bihar
2. Bibi Rukhsana Khatun, wife of Md. Tahir Hussain @ Bablu, D/o Md. Alam, resident of village-Bareta, P.S.-Karba, District-Purnea. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s : Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 07-09-2015 Heard learned counsel for the petitioner, learned APP for the State.
The petitioner seeks pre-arrest bail in connection with Complaint Case No. 2118 of 2013 in which cognizance has been taken under Section 498-A of the Indian Penal Code. It is contended that there is no truth behind the allegation of subjecting the complainant to cruelty for nonfulfilment of demand of dowry. The present case has been instituted as a counter blast to the case instituted by the mother
Patna High Court Cr.Misc. No.17644 of 2015 (2) dt.07-09-2015 2 / 2 of the petitioner against the father of the complainant as he had taken loan from the mother of the petitioner which he refused to return on demand.
Learned counsel for the complainant has opposed the prayer for anticipatory bail. He has submitted that the marriage had taken place in 2012 and thereafter, the victim was taken to Delhi where she was subjected to cruelty by the petitioner of the present case.
Regard being had to the nature of offence as well as other facts and circumstances of the case, in the event of arrest or surrender within a period of four weeks from today, the petitioner is directed to be released on anticipatory 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, Purnea in connection with Complaint Case No. 2118 of 2013 subject to the conditions as laid down under Section 438(2) Cr. P.C.
(Ashwani Kumar Singh, J.) Sanjeet/- U T