Abdul Wahid v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78041 of 2018 Arising Out of PS. Case No.-2524 Year-2017 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Abdul Wahid, son of Late Gulzar, Resident of village Nemol Tola Shimliya, P.S. Azamnagar, District Katihar ... ... Petitioner

Versus

1. State Of Bihar

2. Firoza Khatoon, wife of Abdul Wahid, daughter of Siraj, resident of village Nemol tola Shimliya, P.S. Azamnagar, District Katihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Najeeb Ahmad For the Opposite Party/s :

Mr.Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-03-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 2524 of 2017, instituted for the offence punishable under Sections 498A/34 of the Indian Penal Code.

Allegation as per FIR against the petitioner is that he committed rape with the complainant, due to which she was divorced by her previous husband and thereafter petitioner married with the complainant but later on he demanded dowry from her and due to which she was ousted from his house. Submission of learned counsel for the petitioner is that he denied the marriage itself and in the earlier cse lodged by son of the complainant final form has been submitted.

Patna High Court CR. MISC. No.78041 of 2018(3) dt.07-03-2019 2/2 It appears from perusal of the record that notice was issued to opposite party No.2 through her Lawyer in the court below and in spite of service of notice none appears on behalf of the complainant.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, let petitioner, above named, surrender within a period of six weeks from the receipt of this order and on surrender he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-VI, Katihar, in connection with Complaint Case No. 2524 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and further condition is that petitioner has to co-operate in disposal of trial. (Vinod Kumar Sinha, J) spal/- U T