← Library
Patna High CourtCR. MISC./61449/2019disposed

Md. Ali Hussain @ Ali Hussain v. The State Of Bihar

2019-09-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61449 of 2019 Arising Out of PS. Case No.-125 Year-2018 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== MD. ALI HUSSAIN @ ALI HUSSAIN S/o Nazamuddin R/o village- Jhaki Azad Nagar, P.S.- Palasi, District- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gajela Parveen W/o Md. Ali Hussain @ Ali Hussain, D/o Nazamuddin R/o village- Bishanpur, P.S.- Kochadhaman, District- Kishanganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Ziaul Quamar For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-09-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 125C/2018, disclosing offences under Section 323, 352, 307, 498A/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Petitioner happens to be husband of the informant and allegation against him is of demand of dowry of Rs. One Lakh and on non fulfilment of the same, he subjected the complainant to torture and cruelty.

Submission of learned counsel for the petitioner is that all the allegations are false and concocted and he is still ready to keep the complainant with full honour and dignity. Heard learned A.P.P. also.

Patna High Court CR. MISC. No.61449 of 2019(2) dt.26-09-2019 2/2 Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner to surrender in the court below on 18.10.2019, on which, the learned court below shall release the petitioner on provisional bail for a period of two months and in the meantime, he will issue notice to opposite party no. 2 and if the complainant is ready to live with the petitioner and the petitioner is also ready to take her to his house from the court below itself, he will confirm the provisional bail of the petitioner, otherwise, the court below will hear the parties and will pass an appropriate order either confirming the provisional bail of the petitioner or cancelling the same. (Vinod Kumar Sinha, J) sunilkumar/- U T