Md. Sahood v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5702 of 2016 Complaint Case No. -90 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR ====================================================== Md. Sahood son of Late Md. Mushtaque .... .... Petitioner/s

Versus

1. The State of Bihar

2. Shabana Khatoon wife of Md. Sahood D/o Md. Mehdi Hassan .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. S. Jamil Akhtar, Advocate For the Opposite Party/s : Mr. Smt.Sahin Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-02-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is languishing in custody since 13.11.2015 in a case registered for the offences punishable under sections 498A, 494/34 of the Indian Penal Code and 4 of the Dowry Prohibition Act.

Accusation is of torture for non-fulfillment of dowry demand and performing second marriage.

It is submitted by learned counsel for the petitioner that the petitioner never performed second marriage. A statement to that effect has been made at para 8 of the petition, which reads as follows:- "8. That the petitioner never solemnized

Patna High Court Cr.Misc. No.5702 of 2016 (2) dt.04-02-2016 2/2 second marriage. It is the complainant who raised wrong allegation of second marriage against the petitioner only to make case more grave in nature by adding section 494." Considering the nature of accusation, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM (East), Muzaffarpur in connection with Complaint Case No.90/13.

(Dinesh Kumar Singh, J) Ashwini/- U T