Azad Alam @ Nanhe v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64770 of 2019 Arising Out of PS. Case No.-167 Year-2018 Thana- KATEYA District- Gopalganj ====================================================== AZAD ALAM @ NANHE Son of Shekh Kutubuddin Resident of Village - Ramdas Bagahi, P.S.- Kateya, Distt.- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Pandey For the Opposite Party/s :
Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2019 Heard learned counsel for the parties.
Petitioner is apprehending his arrest in connection with Kateya P.S.Case No.167 of 2018 , registered for offences punishable under Sections 498A, 406, 307, 120B of the Indian Penal Code.
As per the FIR, petitioner is said to be husband was demanding dowry and for that tortured her.
Submission of the learned counsel for the petitioner is that the allegations are false and concocted. As a matter of fact she is not ready to reside with the petitioner and while considering the bail application father- in l-aw and the motherin -law, the learned court below has directed for payment of Rs.5,000/- to the informant, if she is not ready to reside and he
Patna High Court CR. MISC. No.64770 of 2019(2) dt.16-10-2019 2/2 is continuously paying Rs.5,000/- to the informant and the informant is still not ready to reside with the petitioner. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstan2019ces, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM XV, Gopalganj in connection with Kateya PS Case No.167 of 2018, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure with condition that he will continue to pay Rs.5,000/- to the O.P.no.2 till any order has been passed by the learned Family Court in any maintenance case otherwise the informant is at liberty to move for cancellation for the bail bond of the petitioner.
With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T