Md. Javed Ekbal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63575 of 2019 Arising Out of PS. Case No.-1482 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Md. Javed Ekbal, Son of Md. Nurullah Resident of Village - Nakardei, P.S.- Sugauli, Dist.- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sajada Khatoon D/o Md. Javed Ekbal Resident of Village - Sihorwa, P.S.- Darpa, Dist.- East Champaran.

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

For the Petitioner/s :

Mr. Harsh Anuj, Adv.

For the State :

Mr. Vinod Shanker Modi, APP.

For the O.P. No. 2 :

Mr. Dhananjay Kumar Gupta.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-07-2020 Heard learned counsel appearing for petitioner as well as learned counsel appearing for Opposite Party No. 2 and learned Additional Public Prosecutor appearing for State through video conferencing.

Petitioner apprehends his arrest in connection with Complaint Case No. 1482 of 2018 in which cognizance has been taken for the offences punishable under Sections 498 (A), 406, 323, 504/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

Petitioner happens to be husband of the complainant and the perusal of complaint petition goes to show that the entire allegation of illegal demand and torture centers around in-laws of the petitioner. Furthermore, perusal of complaint petition goes to show that the complainant has admitted in

Patna High Court CR. MISC. No.63575 of 2019(5) dt.07-07-2020 2/2 her complaint petition that the petitioner was working abroad at the time of alleged occurrence.

Moreover, learned counsel appearing for petitioner submits that the petitioner and complainant filed joint petition before the learned Additional Sessions Judge, Motihari, to this effect that they have settled their dispute and the petitioner as well as complainant are residing together.

Learned counsel of the Opposite Party No. 2 submits that he does not have any information regarding the so called compromise petition.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner in the event of his arrest/surrender within six weeks from the date of receipt of this order to the Court concerned, shall 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 learned Court of Sub Divisional Judicial Magistrate, East Champaran, Motihari in connection with Trial No. 2205/2019 arising out of Complaint Case No. 1482 of 2018 subject to conditions as laid down under Section 438 (2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) GAURAV S./- U T