Md. Ajim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1932 of 2020 Arising Out of PS. Case No.-20 Year-2019 Thana- MAHILA PS District- Katihar ====================================================== MD. AJIM Son of Late Baduruddin Resident of Village - Sonapur, P.S.- Korha, District- Katihar ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Goljan Bibi Wife of Md. Ajim, D/O - Md. Mesar Ali Resident of Village - Hajipur, P.S.- Muffasil, District- Katihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimal Kumar For the Opposite Party/s :
Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-06-2020 Heard learned counsel for the parties.
This application for regular bail arises out of Mahila P.S. Case No. 20 of 2019, disclosing offence punishable under Sections 498-A, 323, 442, 494/34 of the Indian Penal Code. The petitioner is the husband. It is alleged in the FIR that the informant was tortured by the petitioner and, subsequently, he solemnized second marriage with another lady, who also used to assault her. It is alleged that on 04.03.2019, in the night the petitioner and the second wife entered into the informant's room and attacked her with knife but she managed to escape.
Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.1932 of 2020(3) dt.05-06-2020 2/2 matrimonial dispute appears to be the reason behind lodging of the false criminal case, as is referred in order dated 14.01.2020 whereby the matter was referred to Mediation Centre, while granting the petitioner the privilege of provisional bail. Considering the nature of dispute leading to lodging of the FIR, I do not think that any purpose would be served by keeping the matter pending. The provisional bail was allowed in January 2020, there is nothing to show any misuse of provisional bail so granted. This application is accordingly allowed. Provisional bail granted to the petitioner by order dated 14.01.2020 stands confirmed.
(Chakradhari Sharan Singh, J) Rajesh/- U T