Shaikh Shadab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68922 of 2019 Arising Out of PS. Case No.-361 Year-2019 Thana- KATIHAR District- Katihar ====================================================== SHAIKH SHADAB Son of Shaikh Shaukat Ali Resident of Village - Sonaili, P.S.- Kadwa, District - Katihar.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR.

2.

Ujala Praveen Wife of Shaikh Shadab Daughter of Md. Kalam, Resident of Village - Husainabad, Chaudhary Mohalla, P.S.- Katihar Town, District - Katihar.

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

For the Petitioner/s :

Mr.Md. Anjum Akhter For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-11-2019 Petitioner seeks bail in anticipation of his arrest in connection with Nagar Katihar P.S. Case No. 361 of 2019, registered for the offences punishable under Sections 498 (A), 379/34 of the Indian Penal Code and Section 3/ 4 of the Dowry Prohibition Act.

Petitioner happens to be husband of the informant. There is allegation of demand of dowry against the petitioner and for that torturing her.

Submission of the learned counsel for the petitioners is that allegation is false and concocted. Earlier he has filed a petition under Section 9 of the Hindu Marriage Act for Restitution of Conjugal Rights and which will appear from

Patna High Court CR. MISC. No.68922 of 2019(2) dt.18-11-2019 2/2 annexure -2 and informant has also appeared in that case, after appearance she has filed the present case. He is ready to keep the informant with care and dignity.

Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application allowed. Let the petitioner, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Five Thousand) with two sureties of the like amount to the satisfaction of learned Sub Divisional Judicial Magistrate, Katihar in connection with Nagar Katihar P.S. Case No.-361 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the Court concerned with further condition that she is ready to reside with the petitioner and petitioner has to keep her with care and dignity.

(Vinod Kumar Sinha, J) T.Kr./- U T