Mohammad Hoomayoo @ Raju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57319 of 2019 Arising Out of PS. Case No.-4912 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== MOHAMMAD HOOMAYOO @ RAJU Son of Late Md. Abdul Kadir A resident of 168/X, Keshav Chandra Street, Fakira Barri, Dhalaiwala Patwar Bagam, Near Petrol Pump Raja Bajar, P.S.- Amherst Street, Kolkata, West Bengal............................................................... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR.

2.

Naziya Praveen D/o- Haider Ali and Wife of Md. Humayoo @ Raju Resident of Mohalla- Bakhtiyarpur, Purani Bazar, P.S.- Bakhtiyarpur, District- Patna, at present address- Mohalla- Alawa Colony, P.S.- Phulwarisharif, District- Patna.

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

For the Petitioner/s :

Mr.Arvind Kumar Mouar For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 4912 of 2018, in which cognizance has been taken against the petitioner for the offences punishable under Sections 498A & 323 of the Indian Penal Code.

This case is under Section 498A of the I.P.C. Petitioner happens to be husband of the complainant with an allegation of demand of Rs. 50,000/- and motorcycle as dowry and subjecting the complainant to torture.

Submission of the learned counsel for the petitioner is that as a matter of fact, complainant has solemnized marriage without getting divorce with her first husband and concealing

Patna High Court CR. MISC. No.57319 of 2019(2) dt.11-09-2019 2/2 her earlier marriage, she married with the petitioner, for which petitioner has filed a complaint case before the Court of Additional Chief Metropolitan Magistrate 2nd Court, Kolkata thereafter the present case has been lodged by the complainant. Heard learned A.P.P. also.

Heard both sides. In view of the above submission of the petitioner, let petitioner, above name in the event of his arrest or surrender before the Court below within two 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 J.M. 1st, Class at Patna in connection with Complaint Case No.4912 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 with further condition that he has to cooperate in disposal of the complaint case and appear before the court as and when he required. (Vinod Kumar Sinha, J) T.Kr./- U T