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Patna High CourtCR. MISC./62265/2019allowed

Md. Najim @ Najim v. The State Of Bihar

2019-11-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62265 of 2019 Arising Out of PS. Case No.-322 Year-2018 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== MD. NAJIM @ NAJIM son of Raisuddin R/O - Bail Pokhar, P.S.- Paharkatta, District- Kishanganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Najma Khatoon Wife of Najim, D/O - Late Ahsan Resident of Bail Pokhar, P.S.- Paharkata, District- Kishanganj at present address - R/O - Maria, P.S.- Paharkatta, District- Kishanganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sarangdhar Jha For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 323, 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

By order dated 17.10.2019, the notice was issued to the opposite party no. 2. It appears from the service report that notice has been validly served upon opposite party no.2 but there is no appearance on behalf of opposite party no. 2. Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of

Patna High Court CR. MISC. No.62265 of 2019(3) dt.22-11-2019 2/2 dowry.

Learned counsel for the petitioner submits that the husband of the complainant is ready to keep the complainant as his wife.

In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Kishanganj in connection with Complaint Case No. C.322 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) devendra/- U T