High Court Patna High Court - Orders

Momtaj Ahmad @ Mumtaz Ahmad vs The State Of Bihar on 17 October, 2011

Patna High Court – Orders
Momtaj Ahmad @ Mumtaz Ahmad vs The State Of Bihar on 17 October, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.31557 of 2011
                         Momtaj Ahmad @ Mumtaz Ahmad son of Sheikh
                         Mohammad, resident of village-Khera-Bishunpur,
                         P.S.-Kutumba, District- Aurangabad.
                                              Versus
                                      The State of Bihar
                                           -----------

2. 17.10.2011. Heard learned counsel for the petitioner and learned

counsel for the State.

The petitioner apprehends his arrest in connection with a

case registered for the offence punishable under sections 498(A) and

34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that from the

first information report itself it would transpire that the marriage

took place fifteen years ago. There is no allegation of cruelty for

non-fulfillment of demand of dowry. It is also stated in the first

information report that after marriage she was treated well in her in-

laws house for six years. In the meantime, she was blessed with a

daughter also and thereafter her husband married another lady with

whom he is living in Lucknow and never visited Kutumba within

Aurangabad district where the informant resides.

Taking into consideration the facts and circumstances of

the case let the petitioner named above, in the event of arrest or

surrender before the court below within a period of four weeks from

the date of receipt/communication of the order be released on bail on

furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties

of the like amount each to the satisfaction of learned Chief Judicial

Magistrate, Aurangabad in connection with Kutumba P.S. Case
2

No.4 of 2011 subject to the conditions as laid down under section

438(2) of the Code of Criminal Procedure.

Md.S.                           ( Ashwani Kumar Singh, J.)