Md Sajjad @ Md Shahjad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56883 of 2022 Arising Out of PS. Case No.-2152 Year-2018 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Md Sajjad @ Md Shahjad S/o- Late Md. Abdul R/o Mohalla- Madhuwan, Imambara, P.S.- Bundel Khand, District- Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Reshma Khatoon W/o- Md. Shahjad and D/O- Md. Rais R/o MohallaWarish Nagar, near Ramshila, P.S.- Kotwali, District- Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 25-04-2023 Heard Mr. Arvind Kumar Singh, learned Counsel appearing on behalf of the petitioner and Mr. Satyendra Narayan Singh, learned A.P.P. appearing on behalf of the State.

2. The petitioner seeks pre-arrest bail in connection with Complaint case No. 2152 of 2018 registered under Sections 498(A) of the Indian Penal Code.

3. The prosecution story, in brief, is that as per the allegation made in the complaint by the complainant, who is the wife of the petitioner has alleged that due to non-fulfillment of

Patna High Court CR. MISC. No.56883 of 2022(3) dt.25-04-2023 2/3 demand of dowry of Rs. 2 lakhs and ornament, the petitioner has assaulted and kicked her out of the matrimonial home.

4. Learned Counsel appearing on behalf of the petitioner informed this Court that petitioner is ready to live along with the Opposite Party No.2 and he will keep her with full dignity and honour. Learned counsel further submitted that petitioner will also fulfill physical as well as financial requirement of the Opposite Party No. 2.

5. Considering the aforesaid fact and the specific statement made in Paragraph No. 6 of the bail application, that is petitioner, who is the husband of the Opposite Party No. 2 and he is ready to keep his wife(Opposite Party No. 2) with full dignity and honour, the Court below is directed to release the petitioner on provisionally on pre-arrest bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned S.D.J.M, Gaya in connection with Complaint Case No. 2152 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

6. The petitioner must appear before the Court below along with Opposite Party No. 2 and also file a joint affidavit

Patna High Court CR. MISC. No.56883 of 2022(3) dt.25-04-2023 3/3 that both the parties are living together. If the order is complied in manner stated above the petitioner is directed to be released on pre-arrest bail.

(Purnendu Singh, J) nilmani/minuU T