Md. Shahab v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75794 of 2018 Arising Out of PS. Case No.-1063 Year-2016 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== Md. Shahab, Son of Md. Sohrab @ Murshid, Resident of Village- Sitanabad Tola -Panch Bighi, Police Station Simri Baktiyarpur, District- Saharsa. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Bibi Noor Jahan, daughter of Md. Arif, Resident of Mohalla- Nehru Mohalla, Simri Bakhtiyarpur, Police Station- Simri Bakhtiarpur, DistrictSaharsa. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, being the husband of the complainant, is languishing in custody since 22.09.2018 in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. The prosecution case as per the complaint petition is that the complainant was married with the petitioner on 29.06.2014 but there was further demand of dowry of a motorcycle, freeze and colour T.V. and for non-fulfillment of the same, torture was inflicted upon the complainant and ultimately,

Patna High Court CR. MISC. No.75794 of 2018(3) dt.28-02-2019 2/2 the complainant was driven out from the matrimonial house. It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour.

Learned APP submits that finding prima facie case cognizance has been taken.

Considering the nature of accusation and the period under custody, let the above named petitioner 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, Saharsa in connection with Complaint Case No. 1063 of 2016. (Dinesh Kumar Singh, J) DKS/- U T