Md. Nadim Anwar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73415 of 2018 Arising Out of PS. Case No.-883 Year-2017 Thana- COMPLAINT CASE District- Banka ====================================================== Md. Nadim Anwar, Son of Md. Monowar @ Md. Manower Alam, Resident of Village- Parihar, P.S.- Dhoraiya, District- Banka. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Nargish Khatoon, Wife of Md. Nadim Anwar, daughter of Jirat Kaji @ Jirat Hussain, Resident of village- Saurha, Police State- Basantarai, DistrictGodda, Jharkhand. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Balram Kapri For the Opposite Party/s :

Mr.Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Complaint case no. 883 of 2017 in which cognizance has been taken under section A IPC and section 4 of the D.P. Act.

The complainant claims that her marriage was solemnized in the year 2016 but she was ousted from her matrimonial home due to non-fulfillment of dowry. However, it is submitted on behalf of the petitioner that prior to filing of the present complaint case, complainant had lodged Basantrai P.S. case no. 26/2017 in the State of Jharkhand against the petitioner

Patna High Court Cr.Misc. No.73415 of 2018(2) dt.20-12-2018 2/2 and others for the offences punishable under sections 341, 323, 498A, 387 of the IPC and 3/4 of the D.P. Act and the police after due investigation found the allegation untrue and submitted final form. Further submission on behalf of the petitioner is that father of the petitioner had lodged Dhoraiya P.S. case no. 13/2017 against the present complainant and others and in retaliation to the aforesaid case, present case as well as other cases have been filed by the complainant.

Considering the aforesaid facts and circumstances as well as submissions of the parties, in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka in Complaint case no. 883/2017 subject to condition as laid down under section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) s.hassan/- U T