Md. Sajid Raza @ Hajjan @ Md.Sajid Raja v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42190 of 2016 Arising Out of PS.Case No. -221 Year- 2015 Thana -SHEKHPURA COMPLAINT CASE DistrictSEKHPURA ====================================================== MD. SAJID RAZA @ HAJJAN @ MD.SAJID RAJA .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Anjani Pd. Singh For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-04-2017 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-fulfillment of the dowry demand.

It is submitted by the learned counsel for the petitioner that the petitioner admits his marriage with the complainant and is ready to keep her as wife with full dignity and

Patna High Court Cr.Misc. No.42190 of 2016 (7) dt.18-04-2017 2/3 honour, statement to that effect has been made in para 12 of the petition which reads as follows:- "That the petitioner is still ready to keep his wife with full dignity and respect if she has willingness." It is further submitted that the mother of the petitioner filed Complaint Case No. 2740 of 2013 against the complainant and her family members levelling accusation under Sections 452, 379, 323 and 504/34 of the IPC and consequently the petitioner, who is enrolled in Doha, transmitted a letter to Kazi of Immarat-e-Sariya, Fulwarisharif expressing his desire to give Talak to the complainant.

Learned counsel for the complainant submits that the complainant is ready to lead conjugal life.

The matter is pending before this Court since more than six months, but the petitioner is not appearing since last six months. However, learned counsel for the petitioner submits that at present he is unable to contact him.

In the circumstances, the present application with a prayer for bail is disposed of as not pressed. Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Complaint Case

Patna High Court Cr.Misc. No.42190 of 2016 (7) dt.18-04-2017 3/3 No.221C/2015, pending before the learned SDJM, Sheikhpura. With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ranjan/- U T