Saddam Hussain v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4605 of 2017 Arising Out of PS. Case No.-964 Year-2016 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Saddam Hussain Son of Nasrul Miya, resident of Village- Chapwa, P.S.- Sugauli, District-East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sahina Khatoon daughter of Gaji Hussain Miya, resident of VillageLachirama Bharwaliya, P.S.- Paharpur, District-East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar For the State :

Mr. Dr. Mrityunjaya Kr.Gautam For O. P. No. 2 :

Mr. Lal Babu Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-08-2017 Heard learned Counsel for the petitioner, learned Counsel appearing on behalf of Opposite Party No. 2 and learned Additional Public Prosecutor representing the State of Bihar.

This application, for grant of anticipatory bail, arises out of complaint Case No. C-964 of 2016, disclosing offence under Section 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The petitioner is the husband of the complainant. The matrimonial discord appears to be the root cause of filing of the complaint petition.

Learned Counsel for the petitioner submits that he is

Patna High Court Cr.Misc. No.4605 of 2017(4) dt.10-08-2017 2/3 ready to keep the Opposite Party No. 2 with full love and dignity. Learned Counsel appearing on behalf of the complainant has also submitted that the Opposite Party No. 2 is also willing to live with the petitioner.

It has been submitted on behalf of the petitioner that the petitioner shall go to the place where Opposite Party No. 2 is living on 24th August, 2017, for the purpose of taking her back to the matrimonial house with honour and dignity. Considering the stand taken on behalf of the parties, this application is allowed.

Let the petitioner, Saddam Hussain, in the event of his arrest or surrender before the Court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate (Sadar), East Champaran, at Motihari, in connection with Complaint Case No. C-964of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure, 1973.

This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court below

Patna High Court Cr.Misc. No.4605 of 2017(4) dt.10-08-2017 3/3 on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √