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Patna High CourtCR. MISC./19161/2017bail granted

Samir @ Shamim v. The State Of Bihar

2017-09-07Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19161 of 2017 Arising Out of PS.Case No. -26 Year- 2012 Thana -SISWAN District- SIWAN ======================================================

1. Samir @ Shamim, son of Late Kamaluddin, resident of Village- Saraiya, Police Station- M.H. Nagar, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Ramawati Devi,W/o Sri Manik Chandra Sah, District -Siwan. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Uday Chand Prasad, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-09-2017 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the Opposite Party No. 2 (victim lady) and learned A.P.P. for the State.

The petitioner is languishing in jail since 21.02.2017 in connection with Siswan (M.H. Nagar) Police Station Case No. 26 of 2012 registered for the offences punishable under Sections 365 and 366 of the Indian Penal Code.

The prosecution case as lodged by the informant is that her daughter Runa Devi was tortured by her in-laws and for which she filed a case No. 2989 of 2010 against her previous husband, Sunil Kumar Gupta and when she went on the date to Court, she did not return.

It has been submitted by the learned counsel for

Patna High Court Cr.Misc. No.19161 of 2017 (6) dt.07-09-2017 2/2 the petitioner that the victim lady has married the petitioner and a compromise petition has also been filed before the learned Court below. He submits that there is 3 and 1/2 years old child out of their wedlock and the petitioner is ready to keep his wife with full honor and dignity.

Learned counsel appearing on behalf of the Opposite Party (victim lady) also supported the contention of the petitioner.

Learned counsel for the state is also present. Considering the facts and circumstances of the case and materials on record, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten thousand) with two sureties of the like amount each to the satisfaction of Shri Sandeep Kumar, the learned Judicial Magistrate-1st class, Siwan in connection with Siswan (M.H.Nagar) P. S. Case No. 26 of 2012.

(Nilu Agrawal, J) Sudha/- U T