Md. Ezazul Haque @ Md. Ezazul v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.29339 of 2016 (2) dt.30-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29339 of 2016 Arising Out of PS.Case No. -2054 Year- 2015 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ====================================================== Md. Ezazul Haque @ Md. Ezazul Son of Md. Aziz Ansari resident of village - Khotta Hasanpur, P.S. Tariyarni, District - Sheohar. .... .... Petitioner

Versus

1. The State of Bihar.

2. Noorjahan Khatoon Wife of Md. Ezazul Haque D/o Md. Sahid Ansari resident of village - Olipur Sarhalhiya, P.S. Runnisaidpur, District - Sitamarhi.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Shankar Kumar, Advocate For the Opposite Parties : Mr. Sri Ram Sumiran Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 30-08-2016 Heard learned counsel for the petitioner as well as learned APP for the State.

After six years of marriage, the wife lodged the complaint alleging that she was ill-treated by the petitioner/husband for non-fulfilment of demand of dowry and ousted from the matrimonial home.

Contention of the petitioner is that he is always ready and willing to have the complainant in the home as wife and provide all safety and security. The allegations have been made for oblique reasons. He shall endeavour to remove the matrimonial discord. Learned counsel for the complainant on the other hand

Patna High Court Cr.Misc. No.29339 of 2016 (2) dt.30-08-2016 submits that the petitioner has solemnized second marriage. Counsel for the petitioner states that the petitioner would be ready and willing to pay a lum-sump amount for the maintenance of the complainant and would resolve the matrimonial discord before the appropriate forum. Having regard to the contention of the parties, I direct in the event of his arrest or surrender in the court below within a period of four weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Sadar, Sitamarhi in connection with Complaint Case No.C-1/2054 of 2015, Trial No.2568 of 2016, subject to the conditions as laid down under Sections 438(2) of the Cr.P.C. Alongwith the bail bond the petitioner shall produce receipt showing payment of a sum of Rs.6,000/- to the complainant and/or the bank instrument favoring the complainant of the said amount who shall be entitled to receive the same and draw.

(Kishore Kumar Mandal, J) B.Kr./- U T