Md. Alkama @ Alkama @ Shahbaz @ Sahwaj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1338 of 2020 Arising Out of PS. Case No.-469 Year-2019 Thana- KESARIA District- East Champaran ====================================================== Md. Alkama @ Alkama @ Shahbaz @ Sahwaj Son of Md. Sakil Resident of Village- Baradih, P.S.- Kesariya, Distt- East Champaran. ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR Bihar 2.
Khushboo Khatoon W/o Md. Alkama @ Alkama @ Shabbaz @ Sahwaj, D/o Md. Islam At Present R/O Vill- Rampur Bariya Tola, Alipur, P.S.- Kesariya, Distt- East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhurendra Kumar For the Opposite Party/s :
Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 25-02-2020 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State as well as learned counsel appearing for opposite party No. 2.
Petitioner apprehends his arrest in connection with Kesariaya P.S. Case No. 469/2019 registered for the offences punishable under Sections 498A, 376/511 of the Indian Penal Code and 3 / 4 of D.P. Act and Section 4 of Muslim Marriage Protection Act, 2019.
Petitioner happens to be the husband of the informant and it is submitted on his behalf that he is ready to keep the informant with him with full honour and dignity but it is informed who does not want to lead her conjugal life with
Patna High Court CR. MISC. No.1338 of 2020(2) dt.25-02-2020 2/2 petitioner.
However, learned counsel appearing for the informant submits that petitioner has already divorced the informant and, therefore, the question of residing with petitioner does not arise. Considering the aforesaid facts and circumstances as well as submissions of the parties, it is ordered that petitioner, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in Kesariaya P.S. Case No. 469/2019 subject to conditions as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) Spd/- U T