High Court Patna High Court - Orders

Md. Firoz Ahmad vs The State Of Bihar on 24 October, 2011

Patna High Court – Orders
Md. Firoz Ahmad vs The State Of Bihar on 24 October, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Criminal Miscellaneous No.34863 of 2011
                                          Md. Firoz Ahmad
                                                 Versus
                                          The State Of Bihar
                                    ----------------------------------

02 24.10.2011 Heard learned counsel for the petitioner.

Petitioner seeks anticipatory bail in a case instituted under

Section 498A/34 of the Penal Code and Sections 3 and 4 of the Dowry

Prohibition Act.

It is the prosecution case that the informant was married to the

petitioner 11 years ago. She was tortured on account of non fulfillment

of the dowry.

Learned counsel for the petitioner with reference to Annexure –

2 submits that prior to lodging of the present case, the petitioner had

filed a matrimonial case being Matrimonial case no. 351 of 2011 in

which after hearing the plaintiff the matter was admitted and processes

were issued by order dated 6.6.11. Learned counsel for the petitioner

with reference to Annexure-3 submits that informant had herself

deserted the matrimonial home.

Learned APP only supported the impugned order.

Having heard the parties, I am inclined to privilege the

petitioner with anticipatory bail. In the event of arrest or surrender

before the Court below within a period of 04 weeks from today let

petitioner, named above, 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 Additional Chief Judicial Magistrate, Barh,

Patna in connection with Bakhtiarpur P.S. case no. 162 of 2011,

subject to the condition as laid down under Section 438 (2) of the
2

Cr.P.C.

It is made clear that one of the bailors shall be the own/close

family member of the petitioner.

Sym                                         ( Kishore K. Mandal, J.)