Md. Mustaqueem v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59121 of 2019 Arising Out of PS. Case No.-49 Year-2017 Thana- MAHILA PS District- Jamui ====================================================== Md. Mustaqueem, Son of Late Md. Akhtar, Resident of Village - Baghi Bardiha, P.S.- Warisaliganj, District- Nawada ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Mobina Khatoon, Wife of Md. Mustaqueem, D/O - Late Md. Syed, Resident of Village - Palsa, P.S.- Chandradeep, District- Jamui ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar, Advocate For the Opposite Party/s :

Mr. Renuka Ratnakar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-02-2020 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 323, 341, 504, 498(A)/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Petitioner is husband of the informant. His marriage was solemnized in 2009. After sometime, accused persons started demanding motorcycle and Rs. 50,000 and they also started committing torture on her. On 07.09.2017, they are said to have poured kerosene oil on her and her mother-in-law tried to lit match. Anyhow she escaped.

It is submitted on behalf of the petitioner that no such occurrence had taken place and the instant case has been filed only to pressurize the petitioner to live separately with the parents. It is further submitted that earlier a Complaint Case No.

Patna High Court CR. MISC. No.59121 of 2019(5) dt.05-02-2020 2/2 1909C of 2014 was filed on behalf of the complainant on 31.10.2014 before learned Chief Judicial Magistrate, Jamui in which cognizance was taken against the petitioner, his elder brother and mother only for offence punishable under Section 498(A) of the Indian Penal Code and 3⁄4 of the D.P.Act. in which petitioner is on bail.

Mediators report dated 16.12.2019 reflects that though parties appeared before it but they could not materialize the differences. Today no one appears for the opposite party no. 2. In the facts and circumstances of the case, provisional bail allowed to the petitioner under order dated 18.09.2019 is hereby confirmed.

(Prabhat Kumar Singh, J) Niraj/- U T