Abu Bakar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78184 of 2018 Arising Out of PS. Case No.-322 Year-2018 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Abu Bakar S/o Late Md. Salam R/o Oksatal,P.S. Amdabad,Distt.-Katihar ... ... Petitioner/s

Versus

1. The State of Bihar

2. Tanjeela Khatoon W/o Abu Bakar D/o Abdul Haque R/o Oksatal,P.S. Amdabad,Ditt.-Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr. Anil Kumar, APP Mr. Pravin Chandra Prasad, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-01-2019 The petitioner apprehends his arrest in connection with Complaint Case No. 322 of 2018 registered under Sections 498A of the Indian penal Code.

Allegation against the petitioner who happens to be the husband of the complainant, is of demand of dowry and torture and also ousted from in-laws house.

Submission of learned counsel for the petitioner is that petitioner is ready to keep her but she is not ready to reside with him. Further submission is that with the consent of O.P.No. 2, petitioner has solemnized second marriage and allegation of demand and torture is false and concocted and the petitioner is aged about 65 years.

Heard learned APP as well as learned counsel for the

Patna High Court Cr.Misc. No.78184 of 2018(2) dt.07-01-2019 2/2 O.P.No. 2 also who have opposed the prayer of bail. Having heard both sides and in the facts and circumstances, as stated above, let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Mr. D.K.Singh, J.M. 1st Class, Katihar in connection with Complaint Case No. 322 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with condition that if O.P. No. 2 files any maintenance case, he shall co-operate in disposal of the maintenance case otherwise O.P. No. 2 is free to move for cancellation of bail bond of the petitioner before the court below.

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