Patna High CourtCR. MISC./11069/2015disposed

Md. Sagir v. State Of Bihar And ANR

2015-09-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11069 of 2015 Arising Out of PS.Case No. -60 Year- 2014 Thana -SARAN COMPLAINT CASE District- SARAN ======================================================

1. Md. Sagir Son of Ishrail Mian resident of village - Terah, Police Station - Ishuapur, District - Saran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Madeens Khatoon Wife of Md. Sagir, Daughter of Md. Jainuddin resident of village - Terah, Police Station - Ishuapur, District - Saran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Ajay Kr.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-09-2015 The petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 379, 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfilment of dowry demand. The petitioner and the complainant are present.

The petitioner admits his marriage with the complainant and birth of a child out of the wedlock who is with the petitioner.

The complainant is still ready to resume the conjugal life but petitioner is not ready to accept the offer since

Patna High Court Cr.Misc. No.11069 of 2015 (5) dt.07-09-2015 2/2 he raises question about the chastity of the complainant, though petitioner has filed divorce petition but much subsequent to the filing of the present case which appears to be filed as a retaliatory measure.

Considering the aforesaid facts, let learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Complaint Case No. 60 of 2014, pending in the Court of learned Chief Judicial Magistrate, Saran at Chapra.

Accordingly the application is disposed of.

(Dinesh Kumar Singh, J) Shageer/- U T