Md. Nazim @ Najim v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12913 of 2016 Arising Out of PS.Case No. -265 Year- 2015 Thana -BARSOI District- KATIHAR ====================================================== Md. Nazim @ Najim .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Singh, Adv. For the Opposite Party/s : Mr. M.Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-03-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is languishing in jail since 22.12.2015 in a case registered for the offences punishable under Sections 498A and 307 of the Indian Penal Code.

The prosecution case is of initiating torture after five years of the marriage and making assault.

It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant. The petitioner filed Matrimonial Suit No. 536 of 2015 for restitution of conjugal right on 24.11.2015, thereafter, the present case has been lodged on 01.12.2015. Though, the accusation of assault has been levelled in the FIR but on conclusion of investigation, chargesheet has been submitted only under Sections 498A/34 IPC and Section 3/4 of the Dowry Prohibition Act.

Patna High Court Cr.Misc. No.12913 of 2016 (2) dt.18-03-2016 2/2 Considering the aforesaid facts, let the above named petitioner be released on bail, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Katihar in connection with Barsoi (Kachna) P.S. Case No. 265 of 2015.

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