Patna High CourtCR. MISC./55024/2016bail granted

Md. Belal @ Sonu v. State Of Bihar And ANR

2017-03-18Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55024 of 2016 Arising Out of PS.Case No. -112 Year- 2016 Thana -WAINA District- NALANDA (BIHARSHARIFF) ====================================================== Md. Belal @ Sonu, S/o Late Md. Nazamuddin, Resident of Village-Panathi, P.S.-Kurtha, District-Arwal .... .... Petitioner/s

Versus

1. The State of Bihar

2. Moshrat Praveen, D/o Late Md. Moienuddin, Resident of VillageInayatpur, P.S.-Ben, District-Nalanda .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Farooque Afzal For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-03-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 498A/34 and 506 of the Indian Penal Code, Section 3/4 of the Dowry Prohibition Act as well as Section 3/4 of the Prevention of Witch (Daain) Practices Act, 2001.

Petitioner is husband of the complainant. The case is under Section 498A and other ancillary Sections of the Indian Penal Code as well as Dowry Prohibition Act.

Notice was issued to the opposite party no.2informant through registered post, but that has been returned unserved.

Patna High Court Cr.Misc. No.55024 of 2016 (3) dt.18-03-2017 Submission of the petitioner is that the informant was not appearing before the court below. There is general and omnibus allegation of demand of dowry and torture. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Nalanda, Biharsharif/Successor Court in connection with Ben P.S. Case No.112 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and subject to the further condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Arvind/- U T