Md. Sadir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82506 of 2019 Arising Out of PS. Case No.-199 Year-2019 Thana- COMPLAINT CASE District- Araria ====================================================== MD. SADIR Son of Hasan @ Md. Hasan Resident of Village - Khairuganj, PS - Araria, Distt - Araria.

... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Bibi Rizwana Khatoon Wife of Sadir, D/o Md. Murtaza Resident of Village - Khairuganj, P.S. and Distt - Araria.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Lakshmi Kant Sharma For the O.P. No. 2 :

Mr. Mrigendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-06-2020 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case No. 199C of 2019 for the offence punishable under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Learned counsel appearing on behalf of the petitioner has submitted that it is because of the matrimonial discord between the two, the complainant has filed the complaint petition, making incorrect allegation of demand of dowry and physical torture. He has further submitted that the petitioner is ready to live with the complainant with full dignity and respect.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.82506 of 2019(4) dt.17-06-2020 2/2 complainant, on the other hand, has opposed the prayer for bail and has submitted that the petitioner has, in fact, solemnized second marriage.

Be that as it may, considering the nature of dispute between the petitioner and the complainant, this application is allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, 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 the learned S.D.J.M., Araria, in Complaint Case No. 199C of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T