Md. Tabrej Alam @ Md. Tabrej v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71898 of 2019 Arising Out of PS. Case No.-228 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== Md. Tabrej Alam @ Md. Tabrej, age 24 years, Male, Son of Chhutahru Baitha Resident of Village - Sonapur, Bazar, Ward No. 11, P.S.- Narpatganj, Distt - Araria.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Rukkan Perveen @ Rukkan Khatoon @ Rukhshan Praveen @ Rukhshan Khatoon, Wife of Tabrej Alam @ Md. Tabrej D/o Md. Mustafa Safi Resident of Village - Rampur, Ward No. 3, P.S.- Chhatapur, Distt - Supaul. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Md. Naushad Uzzoha For the Opposite Party/s :

Md. Matloob Rab For the O.P. No.2 :

Mr. Anil Prasad Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 01-09-2020 Heard Mr. Naushad Uzzoha, learned counsel for the petitioner and Mr. Matloob Rab, counsel for the State as also Mr. Anil Prasad Singh, learned counsel for the Informant. In this case, the petitioner is apprehending his arrest in connection with Complaint Case No. 228C/2018 registered for offences punishable under Sections 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that now the opposite party no.2 is staying with the petitioner. On the last occasion also, Mr. Anil Prasad Singh, counsel for the opposite party no.2, had also stated the same thing.

It appears that the dispute stands settled as the

Patna High Court CR. MISC. No.71898 of 2019(4) dt.01-09-2020 2/2 opposites party no.2 is living with her husband, the present petitioner. In that view of the matter, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Araria in connection with Complaint Case No. 228C of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled. This Court hopes and believe that the petitioner will keep his wife with full dignity, honour and security and the petitioner would harass the opposite party no.2, mentally or physically, she will be at liberty to approach the court below and the court below will pass necessary orders in accordance with law.

(Shivaji Pandey, J) rishi/- U T