Md. Bulla @ Imran v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44750 of 2015 Arising Out of PS.Case No. -44 Year- 2014 Thana -MAHILA PS District- KATIHAR ====================================================== Md. Bulla @ Imran Son of Md. Hussain, Resident of Village - Narainpur, Gopi Chak, Police Station - Manihari, District - Katihar, (Accused). .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Akhtari Khatoon, wife of Md. Bulla alias Imran, resident of villageNarayanpur Gopichak, P.S. Manihari, District-Katihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Najmul Hoda For the Opposite Party/s : Mr. Ansural Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 25-01-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State and the learned counsel for the informant.
Petitioner happens to be husband of the informant and is languishing in jail custody since 27.03.2015 in a case registered under section 498A, 504, 307/34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.
Petitioner is said to have assaulted the informant by means of iron rod as a result whereof the informant sustained injuries. It appears from perusal of the injury report of the informant (Annexure-2 to this petition) that altogether three injuries were found on the person of the informant but all the three
Patna High Court Cr.Misc. No.44750 of 2015 (3) dt.25-01-2016 2/2 injuries appear to be simple in nature caused by hard and blunt substance.
The contention on behalf of the petitioner is that the petitioner is still ready to keep the informant with him with full honour and dignity and as a matter of fact, no such occurrence, as alleged in the first information report, took place. Learned counsel appearing for the informant opposed the prayer for bail of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as period of detention of the petitioner in jail custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Katihar in connection with Katihar Mahila P.S.Case No. 44 of 2014, subject to the condition that petitioner shall not give any threatening to the informant or prosecution witnesses in course of trial and if any complaint in this regard is made by the informant before the trial court, the trial court may cancel the bail bonds of the petitioner.
(Hemant Kumar Srivastava, J) N.K/- U T