IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.19808 of 2010
MD.NAUSHAD @ MD.NAUSHADI .
Versus
STATE OF BIHAR .
-----------
2 16.06.2010 Heard learned counsel appearing on
behalf of the petitioner and learned counsel
appearing on behalf of the State.
The petitioner who is the husband of
the complainant is in custody in connection
with Complaint Case No.191(C) of 2009 for
offences punishable under Sections 323 and
498(A) of the Indian Penal Code and section 3/4
of the Dowry Prohibition Act.
Learned counsel for the petitioner
with reference to an application filed by the
petitioner dated 22.4.2009 placed at Annexure-2
of the application, submits that the
complainant went away from his house in his
absence on 21.4.2009 and information whereof
was given to the officer-in-charge of the local
police station.
Learned counsel with reference to a
proceeding of the Local Panchayat placed at
Annexure-3, further submits that efforts were
made by the Panchayat for resolution of the
dispute between the parties but the girl and
2
her family refused to come to a settlement,
rather the complainant refused to stay with the
petitioner.
Learned counsel thus submits that the
petitioner had taken all efforts to bring back
the girl to her matrimonial home but she has
refused to come along with him and in this
background his case deserves consideration.
Having regard to the circumstances
aforesaid, let the petitioner namely,
Md.Naushad @ Md. Naushadi be released on bail
on furnishing bail bond of Rs. 10,000/- with
two sureties of the like amount to the
satisfaction of learned Sub-Divisional Judicial
Magistrate, Sheikhpura (Munger) in connection
with Complaint Case No. 191 (C) of 2009.
Before parting with the order, I
would like to observe that the Court in seisen
of the matter should make all possible efforts
for resolution of the dispute between the
contesting parties.
Bibhash ( Jyoti Saran, J.)