Samsuddin Aalam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79485 of 2019 Arising Out of PS. Case No.-929 Year-2018 Thana- COMPLAINT CASE District- Jamui ====================================================== Samsuddin Aalam Son of Late Muslim @ Muslim Ansari Resident of Village - Purab Ajimganj, P.S.- Kharagpur, P.O.- Haveli Kharagpur, Distt.- Munger. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Ruksar Khatoon D/o Hasim, W/o Samsuddin Alam Resident of Village - Mirzaganj, P.S.- Sikandra, Distt.- Jamui.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Ranjan Singh For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-12-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 929 c of 2018 registered for the offence punishable under Sections 498(A), 379, 323, 504 and 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Petitioner happens to be the husband of the informant, there is allegation of demand of money for purchasing the land. Submission of learned counsel for the petitioner is that the allegation against the petitioner is false and concocted. He is still ready to keep her with dignity and care, but the opposite party no.2 is not ready to reside with him, for which, the petitioner has already filed a Matrimonial Case No. 189 of

Patna High Court CR. MISC. No.79485 of 2019(2) dt.11-12-2019 2/2 2018 before the Principal Judge, Family Court, Munger, for restitution of his conjugal rights.

Heard learned A.P.P. as well as learned counsel for the opposite party no.2, who has opposed the prayer for anticipatory bail.

Having heard both sides, considering the above submission, 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) with two sureties of the like amount to the satisfaction of learned S.D.J.M., Jamui, in connection with Complaint Case No. 929 c of 2018 subject to the condition laid down under Section 438(2) of the Cr.P.C. with condition that if the opposite party no.2 is ready to reside with the petitioner, he has to keep her with dignity and care.

(Vinod Kumar Sinha, J) Rahul Mishra/- U T