Md. Kurban v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46925 of 2015 Arising Out of PS.Case No. -10 Year- 2012 Thana -PATNA COMPLAINT CASE District- PATNA ======================================================

1. Md. Kurban son of Late Sattar Miyan Resident of Village - Lakhisarai, Chhoti Dargah, P.S.-Lakhisarai, Dist.-Lakhisarai .... .... Petitioner/s

Versus

1. State of Bihar

2. Apasana Khatton, Wife of Kurban, Daughter of Md. Nasim, at present resident of Chondi (Barh), P.S.-barh, Dist.-Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Ajay Kr. 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-10-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner happens to be husband of the complainant and is languishing in jail custody since 20.08.2015 in a case in which cognizance has been taken under section 498A and 3⁄4 of the Dowry Prohibition Act.

Although there is allegation of illegal demand as well as torturing but the allegation of torturing has not been made specific against the petitioner. Furthermore, it would appear from perusal of the impugned order that the complainant refused to lead her conjugal life with the petitioner on the pretext that she might be killed, if she goes to her matrimonial home.

Patna High Court Cr.Misc. No.46925 of 2015 (2) dt.06-10-2015 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, 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 Additional Chief Judicial Magistrate, Barh, Patna in connection with Complaint Case No. 10 C of 2012.

(Hemant Kumar Srivastava, J) Namita/- U T