Patna High Court - Orders
Sufian Ahmad @ Sufiyan Ahmad @ Golden vs The State Of Bihar on 23 July, 2019
Author: Vinod Kumar Sinha
Bench: Vinod Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29647 of 2019
Arising Out of PS. Case No.-375 Year-2018 Thana- MANJHAGARH District- Gopalganj
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SUFIAN AHMAD @ SUFIYAN AHMAD @ GOLDEN Son of Wazir Mian
Resident of Village - Duldulia, P.S.- Manjhagarh, District - Gopalganj
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. Anguri Khatoon Wife of Sufian Ahmad @ Sufiyan Ahmad @ Golden
Daughter of Hasmullah, Resident of Village - Duldulia, P.S.- Manjhagarh,
District - Gopalganj
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Javed Aslam
For the Opposite Party/s : Mr.Akshay Lal Pandit
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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
ORAL ORDER
4 23-07-2019Heard learned counsel for the parties.
Petitioner is apprehending his arrest in connection with Manjhagarh P.S.Case No.375 of 2018 , registered for offences punishable under Sections 341, 323, 498A, 506 of the Indian Penal Code and Section ¾ of the D.P.Act.
Allegation against the petitioner as per the complaint petition is that the complainant was married with the petitioner as they were in love with each other but after marriage they started demanding Rs.05 lac as dowry and for that subjected her to cruelty both physical and mental and also ousted her from the matrimonial house.
Patna High Court CR. MISC. No.29647 of 2019(4) dt.23-07-2019 2/3 Submission of the learned counsel for the petitioner is that there is no valid marriage between the petitioner and the complainant and she was forced by the villagers to perform Nikahnama and as such he denied the factum of the marriage and consequential allegation is false and concocted.
Heard learned A.P.P. and the learned counsel for the O.P.no.2 -complainant is that Nikahnama was performed in the year 2017 and he never filed any complaint before the court or police nor moved for cancellation of his Nikahnama. Complainant is the wife of the petitioner and for last two years, the petitioner has not taken any care about her personal expenses . Petitioner is a cultivator. .
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, surrender before the learned court below on 5.8.2019 and on surrender his provisional bail granted to him vide order dated 9.5.2019 shall be confirmed on condition that he will pay Rs.3,000/- per month to O.P.no.2 -wife for a period of one year and in the meantime, it is expected that O.P.no.2 shall move before the learned Family Court, Gopalgnaj for her maintenance. It is also made clear that if the petitioner fails to Patna High Court CR. MISC. No.29647 of 2019(4) dt.23-07-2019 3/3 pay maintenance continuously for three months, the O.P.no.2 shall be at liberty to move for cancellation of the bail bond of the petitioner.
With the above direction, this application is disposed of.
(Vinod Kumar Sinha, J) chn/-
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