High Court Patna High Court - Orders

Noor Mohammad vs State Of Bihar on 29 March, 2011

Patna High Court – Orders
Noor Mohammad vs State Of Bihar on 29 March, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Cr.Misc. No.43461 of 2009
               NOOR MOHAMMAD SON    OF LATE SHAH MOHAMMAD @ NANHAK MIAN,
               RESIDENT OF VILLAGE HATPOKHAR, P.S. JAGDISHPUR, DISTRICT-
               BHOJPUR
                                  Versus
               1.    STATE OF BIHAR
               2.    MD. ALI JAN SON OF MD. INDU RESIDENT OF VILLAGE
                     JAGDISHPUR,   MOHALLA   KHAPTAHA,   P.S. JAGDISHPUR,
                     DISTRICT- BHOJPUR
                               -----------

5 29.03.2011 Heard learned counsels for the parties.

The offence alleged is under Sections 498A of the

Indian Penal Code and sections 3 & 4 of the Dowry Prohibition

Act.

It is submitted that on behalf of the petitioner that the

sister of the informant with whom the petitioner had married

she herself disappeared.

Learned counsel for the opposite party no.2 submits

that although the complaint was filed alleging the offence under

section 304B of the Penal Code however the police registered the

offence under section 498A of the Penal Code.

Considering the facts and circumstances of the case,

it is directed that in the event of arrest or surrender within a

period of four weeks from today, the petitioner, above named, be

released on bail on furnishing bail bond of Rs. 10,000/- (ten

thousand) each with two sureties of the like amount each to the

satisfaction of the Chief Judicial Magistrate, Bhojpur, in

connection with Jagdishpur P.S. Case No. 41 of 2009 subject to

the conditions as laid down under section 438(2) Cr. P.C.

    Manish/-               ( Shailesh Kumar Sinha,J.)