IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17358 of 2009 NAYAZ AHMAD @ NIYAZ AHMAD S/o- Md. Sajjad Hussain, of village- Oraiya, P.S.-Dhaka, District-East Champaran. Versus 1. STATE OF BIHAR 2. Tarana Begum D/o- Md.Anwarul Haque, of village-Kathmaliya, P.S. Shikaraganj, District-East Champaran. ----------- 2 26.05.2009 The petitioner who is the alleged husband apprehends arrest in Complaint Case No. C 449 of 2007 (Tr. No. 2650 of 2007) instituted under Section 498A of the Indian Penal Code, by the complainant inter alia alleging that the petitioner was married to the complainant and after marriage she is being tortured for dowry. Petitioner states that he works in Dubai on the dates as mentioned with regard to torture and being thrown out of the house of the husband, he was not even present in India at least in the town. Counsel for the petitioner submits that the petitioner’s marriage was fixed with the complainant but then petitioner’s family found that the girl was not the same with whom the Chheka was performed and the marriage was not solemnized. In fact, in the Court below the complainant was summoned to appear because the petitioner asserted that contrary to her allegations that she was married to the 2 petitioner she would not even recognized the petitioner, if she married to him why she- complainant refused to appear and respond the summon. In the facts and circumstances of the case, in the event of arrest or surrender, the petitioner, Nayaz Ahmad @ Niyaz Ahmad, shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Sikrahana at Motihari, East Champaran in Complaint Case No C 449 of 2007 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. Bibhash (Navaniti Prasad Singh, J.)