Md. Mister vs The State Of Bihar on 27 July, 2011

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.24644 of 2011
                  Md. Mister, S/o Late Habbu Miyan, R/o village-Pothia, P.S.-Falka, District-
                  Katihar.                                    .............Petitioner.
                                          Versus
                   The State of Bihar                         ..........Opp. Party.
                                         -----------

2. 27.07.2011 Heard learned counsel for the petitioner, learned

counsel appearing for the State and the informant.

The case arises out of a complaint case in which

cognizance has been taken under Section 498A of the IPC and

Section 4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that the

parties have divorced each other with mutual consent and the

present case has been maliciously instituted.

It is further submitted that according to the complaint

itself, the complainant was driven out but, no date has been

mentioned as to when she was ousted from her matrimonial house.

The petitioner has brought on record mutual agreement

between the parties as contained in Annexure-2 to this petition in

order to justify his claim that the complainant and the petitioner in

presence of the witnesses had taken divorce.

Learned counsel for the petitioner submits that prior to

institution of present complaint, the petitioner had instituted a case

under Section 497, 380 & 120B of the Indian Penal Code against

the complainant in which cognizance has already been taken on

5.5.2008.

Learned counsel for the complainant is present. He
2

submits that he is not in a position to say as to whether annexure-2

is bona fide or not. He further submits that the complainant is ready

to live with the petitioner. However, he does not dispute the

institution of case against the complainant prior to the present case.

Learned counsel for the State opposes the prayer for

grant of bail.

Taking into consideration the aforesaid facts, let the

petitioner, namely Md. Mister in the event of his arrest or surrender

before the Court below within a period of four weeks from the date

of communication of this order, be released on bail on furnishing

bail bond of Rs. 5,000/- (Five thousand) with two sureties of the

like amount each to the satisfaction of Sub-Divisional Judicial

Magistrate, Katihar in connection with Complaint Case No. C.A.

44 of 2008.

Sanjeet                                       (Ashwani Kumar Singh, J.)