Md. Ishtiyaque @ Istiyaque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81873 of 2019 Arising Out of PS. Case No.-2534 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== Md. Ishtiyaque @ Istiyaque, Son of Masood Alam @ Md. Masood Resident of Village - Madhupara, Ward No. 12, P.S.- Araria (Bairgachhi), District - Araria ... ... Petitioner.

Versus

1.

The State of Bihar.

2.

Manjari Khatoon @ Manjo Wife of Md. Ishtiyaque @ Istiyaque D/o - Md. Rafique, Resident of Village - Madhupara, Ward No. 2, P.S.- Araria, District - Araria ... ... Opposite Parties.

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

For the Petitioner/s :

Mr. Md. Naushad Uzzoha For the Opposite Party/s :

Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-02-2020 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498 A, 325, 307, 354 B, 326, 120 B & 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Petitioner is said to have subjected the complainant in various ways on non-fulfillment of dowry demand in association of his family members.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place.

Patna High Court CR. MISC. No.81873 of 2019(3) dt.26-02-2020 2/2 He has been falsely implicated in this case. He has neither assaulted the complainant nor demanded any dowry. He is a labourer and lives in Banglore to earn his livelihood. He has no criminal antecedent.

In compliance of the order dated 13.02.2020, both the complainant and petitioner are personally present. Complainant is not ready to live and willing to go with her husband.

In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Araria in connection with Complaint Case No. 2534 C of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T