Md. Shahabuddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52675 of 2019 Arising Out of PS. Case No.-213 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== MD. SHAHABUDDIN Son of Md. Naeem Ansari Resident of Village - Haroon Nagar Sector - II, P.S.- Phulwarisharif, Dist.- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sanowar Eqbal D/o Md. Eqbal Ahmad, W/o Md. Sahabuddin, At present Resident of Village - Mandi, P.o.- Gulzarbagh, P.S.- Alamganj, Dist.- Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Ziaul Quamar For the Opposite Party/s :
Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2019 This application, for grant of anticipatory bail, arises out of Phulwarisharif P.S. Case No. 213 of 2019, disclosing offences under Sections 498A /313/34 of the Indian Penal Code. Petitioner happens to be husband of the informantopposite party no. 2 and allegation against him is of subjecting her to torture for non fulfillment of demand of dowry of four wheeler car and air conditioner ad there is also allegation that accused persons got her pregnancy terminated. Submission of learned counsel for the petitioner is that entire allegation is false and concocted and he is still ready to keep her with full honour and dignity and the court below has also tried to reconcile the dispute between the parties but the
Patna High Court CR. MISC. No.52675 of 2019(2) dt.23-08-2019 2/2 parties did not turn up.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Judge -XV-cum-ACJM, Patna, in connection with Phulwarisharif P.S. Case No. 213 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure with further condition that if informant - opposite party no. 2 desires to live with the petitioner, he will keep her with full honour and dignity, failing which, the informant will be at liberty to move for cancellation of his bail bond.
(Vinod Kumar Sinha, J) sunilkumar/- U T