Gulam Rabbani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8949 of 2023 Arising Out of PS. Case No.-636 Year-2022 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== GULAM RABBANI S/O LATE MALUDDIN @ MASLEHUDDIN Resident of village- Jianganj, P.S.- Kasba, District- Purnea. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
RAHMATI KHATOON W/O GULAM RABBANI, D/O MD. RAEES Resident of village- Jianganj, P.S.- Kasba, District- Purnea, At present resident of Village- Burhiya Akhtarpur, Gadhaiya Tola, P.O.- Burhiya Dhankatha, P.S.- Sarsi, District- Purnea.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijendra Kumar Singh, Advocate For the State :
Mr. Parmanand Prasad, APP For the Informant :
Mr. Pankaj Kumar Sinha, Advocate Mr. Raunak Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-09-2023
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with C.A. Case no.636 of 2022, registered under section 498A of the Indian Penal Code.
3. As per the prosecution case, the petitioner was married to the complainant. Two daughters were born out of the said wedlock. It is further stated by the complainant that
Patna High Court CR. MISC. No.8949 of 2023(3) dt.11-09-2023 2/3 the accused persons including the petitioner herein started to torture and assault the complainant. He also entered into a second marriage with another lady, details of whom have been given in complaint. It is further stated that no maintenance has been paid to the complainant.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The personal law of the petitioner permits the second marriage. The allegations of assault and torture are all false and concocted. The petitioner has always been ready to maintain his wife and children including the complainant herein.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R. together with the submissions made and the petitioner not having any criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with C.A. Case no.636 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.8949 of 2023(3) dt.11-09-2023 3/3 Judicial Magistrate, Ist Class, Purnea.
(Partha Sarthy, J) Shiv/- U T