Md. Manzoor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59548 of 2019 Arising Out of PS. Case No.-34 Year-2019 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== MD. MANZOOR ALAM son of Md. Akhtar @ Nijam Resident of VillageMorwa Roy Tola, P.S.- Musrigharari, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Raushan Ara wife of Md. Manzoor Alam Presently residing with her father Dokhtar Shams Alam, Resident of village- Mahmudpur, P.S.- Tajpur (Halai O.P.), District- Samastipur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Shankar Singh, Adv.

For the Opposite Party/s :

Mr. Ashraf Ansari, APP For the Informant Mr. Hussamuddin Azad, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-10-2021 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Complaint Case No. 34 of 2019 instituted for the offence under Sections 498A and 34 of the Indian Penal Code and

Patna High Court CR. MISC. No.59548 of 2019(7) dt.22-10-2021 2/3 Section 3/4 of the Dowry Prohibition Act.

As per allegation in the Complaint petition, complainant was married to the petitioner in the year 2015. At the time of marriage several articles besides cash of Rs. 1,65,000/-, motorcycle, furniture and ornaments were given. After few years of marriage she was tortured for non-fulfillment of Rs. three lacs and finally she was ousted from her matrimonial house.

Learned counsel for the petitioner has submitted that petitioner is husband of the complainant and has been falsely implicated in this case. In fact, complainant herself is not ready to live and lead conjugal life with the petitioner. It is further submitted by learned counsel for the petitioner as well as learned counsel for opposite party no. 2 that the matter has been amicably settled between the parties.

Learned APP has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and taking into consideration that the matter has been amicably settled between the parties, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the

Patna High Court CR. MISC. No.59548 of 2019(7) dt.22-10-2021 3/3 event of his arrest or surrender in connection with Complaint Case no. 34 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Samastipur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U T