Md. Mustafa Vs. the State of Bihar - Court Judgment

Excerpt:
in the high court of judicature at patna criminal miscellaneous no.818 of 2012 md. mustafa versus the state of bihar ---------------------------------- 02. 11.01.2012 petitioner being husband is apprehending his arrest in a case registered for the offences under sections 498a/34 of the i.p.c. and section of the dowry prohibition act. the accusations are of demand of dowry and torture. the marriage was performed on 04.05.2008. it is submitted that petitioner divorced his wife through imarat-e-shariah on 17.04.2010 and has also filed divorce case before learned principal judge, family court on 04.09.2009 in which the other side has already appeared when the present case was filed on 01.11.2010. considering the fact that divorce case was filed at earlier point of time, let the petitioner namely md. mustafa, in the event of his arrest or surrender before the court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned chief judicial magistrate, aurangabad in connection with dhibra p.s. case no. 05 of 2011. shageer ( dinesh kumar singh, j)

Judgment:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.818 of 2012 Md. Mustafa Versus The State Of Bihar ---------------------------------- 02. 11.01.2012 Petitioner being husband is apprehending his arrest in a case registered for the offences under Sections 498A/34 of the I.P.C. and Section of the Dowry Prohibition Act. The accusations are of demand of dowry and torture. The marriage was performed on 04.05.2008. It is submitted that petitioner divorced his wife through Imarat-e-Shariah on 17.04.2010 and has also filed divorce case before learned Principal Judge, Family Court on 04.09.2009 in which the other side has already appeared when the present case was filed on 01.11.2010. Considering the fact that divorce case was filed at earlier point of time, let the petitioner namely Md. Mustafa, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Dhibra P.S. Case No. 05 of 2011. Shageer ( Dinesh Kumar Singh, J)