Ashalam Ali @ Md. Ashalam Ali v. The State Of Bihar And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5410 of 2019 Arising Out of PS. Case No.-115 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== ASHALAM ALI @ MD. ASHALAM ALI Saukat Ali Resident of VillageNai (lai) Boar ward no.5 Buxar, P.O. and P.S.- Buxar, District- Buxar ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Rukshana Praveen Wife of Anwar Ali D/o Late Md. Mokim, Resident of Village - Newasi Mohalla, P.S. and P.O. - Maner, District - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-08-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 115 (C) of 2017, disclosing offences under Section 498A of the Indian Penal Code.

Prosecution case is that earlier the complainant was residing with her husband at Arwal but after death of her husband she came back to her matrimonial house along with her daughter, where, she was tortured and assaulted by the accused person and further allegation against this petitioner is of trying to set her on fire.

Submission of learned counsel for the petitioner is that petitioner is devar of the complainant and entire allegation is false and concocted and mother in law and father in law have

Patna High Court CR. MISC. No.5410 of 2019(7) dt.22-08-2019 2/2 already been granted the privilege of anticipatory bail by learned court below itself and so far the money, which has been received after the death of the husband of the complainant has been deposited in the name of daughter of the opposite party no. 2.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate,l Danapur, in connection with Complaint Case No. 115 (C) of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T