Md. Nisarul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69024 of 2019 Arising Out of PS. Case No.-356 Year-2017 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== MD. NISARUL Son of Md. Sarif Resident of Village - Maida Babhangama, P.S.- Birpur, Dist.- Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Tajo Khatoon W/o- Md. Nisarul Resident of Village - Maida Babhangama, P.S.- Birpur, Dist.- Begusarai. At Present D/o- Noor Mohammad Resident of Village - Maida Babhangama, P.S.- Birpur, Dist.- Begusarai. ... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s :

Mr. Amrendra Kumar For the Opposite Party/s :

Mrs. Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 498 A, 406 & 323 of the Indian Penal Code.

Petitioner, happens to be husband of the complainant, is said to have tormented the complainant over dowry demand and drove her out of his house snatching her belongings over the said demand in association of his family members.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.69024 of 2019(2) dt.04-12-2019 2/3 that no such occurrence as alleged ever took place. The petitioner has neither tormented the complainant over dowry demand nor drove her out from the matrimonial house over the said demand. The entire allegation levelled against the petitioner is not specific rather general and omnibus in nature. He is ready to keep the complainant with him with full honour and dignity. He has no criminal antecedent and has been languishing in custody since 22.04.2019.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on provisional 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 Judicial Magistrate 1stClass, Begusarai in connection with Complaint Case No.356C of 2017. The petitioner is directed to take the complainant with him from the learned Court below and keep with him with full honour, dignity and comfort, as per his undertaking given before this Court, and the learned Court below shall be at the liberty to confirm his provisional bail, if it does not find any laches on the part of the petitioner in keeping the complainant with him, on failure by the

Patna High Court CR. MISC. No.69024 of 2019(2) dt.04-12-2019 3/3 petitioner to honour the aforesaid undertaking, the learned Court below shall be at liberty to cancel the bail bond of the petitioner. With the aforesaid observation and direction, this application stands disposed of.

(Prakash Chandra Jaiswal, J) Trivedi/- U T