Amjad Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54939 of 2019 Arising Out of PS. Case No.-205 Year-2018 Thana- DARBHANGA District- Darbhanga ====================================================== AMJAD KHAN Son of Zafir Khan Resident of Village/Mohalla - Kathalwari Gurudwara, P.S.- L.N.M.U., Distt - Darbhanga................. ... Petitioner/s

Versus

1.

THE STATE OF BIHAR.

2.

Shahin Khatoon Wife of Amjad Khan Resident of Village/Mohalla - Senapat, P.S.- Town, Distt - Darbhanga.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kedar Jha For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Town P.S. Case No. 205 of 2018, registered for the offences punishable under Sections 341, 323, 498A, 504, 506, 34 of the Indian Penal Code and Section 3/ 4 of Dowry Prohibition Act.

Allegation is that family members of the petitioner was demanding one lac rupees cash and one motorcycle and for that she was subjected to torture. F.I.R further shows that her husband being working at Saudi and from mobile he used to make aforesaid demand. Further allegation is that family members of the informant tried to burn the informant by sprinkling kerosene oil. Thereafter her mother has taken her to her Maike and her mother also filed an application in Hamadiya Madarasa for Khula.

Submission of the learned counsel for the petitioner is that as a matter of fact, she is not ready to reside with the

Patna High Court CR. MISC. No.54939 of 2019(2) dt.30-08-2019 2/2 petitioner which will appear from the impugned order also and other allegation is general and omnibus in nature and there is no specific allegation against the petitioner. Furthermore, the mother of the informant had filed a petitioner for Khula before the hamadiay Madarsa. He is still ready to keep the informant with full dignity and care.

Heard learned A.P.P. also.

In view of the above facts and circumstances, 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) with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga, in connection with Town P.S. Case No. 205 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the Court concerned. (Vinod Kumar Sinha, J) T.Kr./- U T