Md. Jalalu Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46899 of 2014 Arising Out of PS.Case No. -991 Year- 2013 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ====================================================== Md. Jalalu Sah, S/o Md. Sultan Sah, Resident of Village Pakhnari, Police Station Shivsagar, District Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bibi Khatoon, D/o Md. Kalim, W/o Md. Jalalu Sah, Resident of Village Pakhnari, Police Station Shivshagar, District Rohtas. Presently resides at Muhalla Nuranganj, Police Station Sasaram Town, District Rohtas. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhakar Jha, Advocate For the Opposite Party/s : Mr. U.L.Verma(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-08-2015 Heard learned counsel for the petitioner and the learned counsel for O.P. No.2.

The petitioner is apprehending his arrest in connection with Complaint Case No.991 of 2013 (Trial No.2081 of 2014) for allegedly having committed the offence under Sections 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that the petitioner is willing and ready to keep his wife (the complainant) with all honour and dignity and that there shall be no recurrence of any such occurrence so as to cause any mental torture to her

Patna High Court Cr.Misc. No.46899 of 2014 (4) dt.04-08-2015 2/2 in future.

Considering the aforementioned submissions and also the fact that the complainant is also willing to live with the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, 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 learned Sub-Divisional Judicial Magistrate, Rohtas at Sasaram, in connection with Trial No.2081 of 2014 arising out of Complaint Case No.991 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

It is, however, made clear that if at all there is any untoward incident so as to cause mental torture to her, it will be open to opposite party no.2 to move afresh in accordance with law.

(Anjana Mishra, J) PNM U T