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Patna High CourtCR. MISC./59743/2019bail granted

Jafiruddin v. The State Of Bihar

2020-03-04Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59743 of 2019 Arising Out of PS. Case No.-749 Year-2018 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== Jafiruddin Son of Late Mohuddin @ Late Mohmuddin Resident of Village - Panisal, P.S.- Kishanganj, Distt - Kishanganj. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Shamima Begum Wife of Jafiruddin Resident of Village - Panisal, P.S. and Distt - Kishanganj at present resident of Ikkarchak, P.S - Goyalpokhar, Distt - Uttar Dinajpur (W.B.) ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar Singh For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and learned counsel for the O.P. No. 2.

The petitioner seeks pre-arrest bail in connection with Complaint Case No. 749C of 2018 registered under Section 498-A of the Indian Penal Code.

It is contended by the learned counsel for the petitioner that the allegation of subjecting the complainant to cruelty for non-fulfillment of demand of dowry is absolutely false. The complaint has been lodged after seven years of marriage only because there is some incompatibility and matrimonial discord between the parties.

On the other hand, learned counsel appearing for the

Patna High Court CR. MISC. No.59743 of 2019(6) dt.04-03-2020 2/2 O.P. No. 2 submitted that the allegation that the petitioner subjected the complainant to cruelty in various ways for nonfulfillment of demand of dowry of Rs. 2 lacs in cash and a car has fully been supported by the complainant in her statement made under Section 200 of the Cr.P.C.

Be that as it may, considering the nature of allegation and the submissions advanced at the bar, in the event of arrest or surrender before the court below, the petitioner named above is directed to 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 S.D.J.M., Kishanganj in connection with Complaint Case No. 749C of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Ashwani Kumar Singh, J) rohit/- U T