Patna High CourtCR. MISC./44130/2013bail granted

Md. Shamim v. The State Of Bihar

2015-01-20Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44130 of 2013 Arising Out of PS.Case No. -19 Year- 2013 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ====================================================== Md. Shamim S/O Late Md. Kalimuddin Resident Of Village- Saraiya Ratanpura, P.S.- Moro, District- Darbhanga .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sammo Khatoon, D/o- Md. Jadeed, R/o Hayaghat Nayatola, P.S. Hayaghat, Dharbhanaga.

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

For the Petitioner/s : Mr. Md. Ataul Haque For the Opposite Party/s : Mr. Ram Naresh Roy (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-01-2015 Heard learned counsel appearing on behalf of the petitioner and learned counsel for the State.

Despite notice upon Respondent No. 2, personally received by her, there is no representation on her behalf. The petitioner who is husband of the opposite party no. 2, seeks anticipatory bail in a case registered for the offence punishable under Section 498(A) of the Indian Penal Code on the basis of a complaint case being C.R. No. 19 of 2013.

Learned counsel appearing on behalf of the petitioner has submitted that allegation of demand of dowry as made in the complaint case, is general in nature and there is no specific allegation against the petitioner, who is husband of the Opposite

Patna High Court Cr.Misc. No.44130 of 2013 (4) dt.20-01-2015 P2/2 Party No. 2. He further contends that mainly out of matrimonial discord between the petitioner and the Opposite Party No. 2, a complaint case was filed making incorrect allegations. Be that as it may, in the facts and circumstance of the case, let the petitioner Md. Shamim, in the event of his arrest / surrender within six weeks from today before the Court below, 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 the learned Judicial Magistrate, 1st Class, Darbhanga in connection with C.R. No. 19 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Chakradhari Sharan Singh, J.) Saif/- U T