Md. Dilawar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47231 of 2017 Arising Out of PS.Case No. -973 Year- 2016 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ======================================================

1. Md. Dilawar Son of Md. Karim, R/o Village- Ramtola, Chhoti- Kothiya, P.S.- Muffasil, District- Distrct- Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Tanuja Khatoon, D/o Md. Allauddin, W/o Md. Dilawar, R/o VillageGharari Mansi, P.S.- Mansi, District- Khagaria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Khagaria complaint case no. 973(C) of 2016 registered for the offences punishable under Section 498A/34 of Indian Penal Code.

Perused the report of the learned Mediator, from which it appears that neither the opposite party no. 2 nor her counsel had appeared before the learned Mediator. Today also, neither the opposite party no. 2 nor the counsel for the opposite party no. 2 is present.

Patna High Court Cr.Misc. No.47231 of 2017 (4) dt.31-01-2018 2/3 The allegation of the complainant is that after she got married with the petitioner herein on 04.02.2013 and she had gone to her matrimonial home, the accused persons including the petitioner herein started demanding dowry and on account of non-fulfilment of the same, meted out cruelty and harassment to the complainant.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and even today, he is ready to keep his wife with full dignity and honour, however the opposite party no. 2, for the reasons best known to her, is evading her appearance either before the Mediator or before this Court.

Having regards to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Khagaria in

Patna High Court Cr.Misc. No.47231 of 2017 (4) dt.31-01-2018 3/3 connection with Khagaria complaint case no. 973(C) of 2016 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T