IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34390 of 2009 SHAMIM AKHTAR @ MD. SHAMIM @ MD. SHAMIM AKHTAR son of Md. Salahuddin Ahmad, residernt of mohalla Bhitta Basti(Friends Colony), Near Chandni Chowk, Police Station Gonda Town, District Ranchi(Jharkhand)… …Petitioner Versus 1.THESTATE OF BIHAR, 2. Shaista wife of Shamim Akhtar, daughter of Md. Maroof Khan, resident of mohalla New Millat Colony, Sector 1, Sabzpura More, Police Station Phulwarisharif, Post Office Phulwarisharif, District Patna… Opposite Parties For the Petitioner: Mr. Syed M. Ashraf, Advocate For the S t a t e : R.P.S. Singh, A.P.P. For the Informant: Mr.Arshad Jameel Hashmi,Adv. … 3 03.11.2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under section 498A of the Indian Penal Code and sections ¾ of the Dowry Prohibition Act. It is submitted on behalf of the petitioner, who is husband of the informant, that the police had submitted chargesheet stating therein that though the case appears to be false, but on the basis of the direction of the high officials, chargesheet was being submitted against the petitioner. It is also submitted that the petitioner is in jail custody since 17.08.2009 and earlier also, he has remained in jail since 20.01.2009 to 02.02.2009. It has 2 been further contended that though the petitioner was ready to live with the girl, but the informant herself is reluctant. It is submitted by learned counsel for the State that chargesheet has been submitted against the petitioner under section 498A of the Indian Penal Code and sections 3/4 of the Dowry Prohibition Act. Learned counsel for the informant submitted that earlier the petitioner was granted conditional bail by the court below with a view that both the parties will live happily, but the informant has shown inability to live with the petitioner due to his misbehaviour. In view of the aforesaid submissions and having regard to the facts and circumstances of the case, the petitioner abovenamed is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Magistrate, Patna in Phulwarisharif Police Station Case No. 519/08, corresponding to G.R. No. 6229/08. SC ( Dr. Ravi Ranjan, J.)