Patna High CourtCR. MISC./16791/2017bail granted

Dilsher Khan v. State Of Bihar And ANR

2017-05-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16791 of 2017 Arising Out of PS.Case No. -1480 Year- 2013 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Dilsher Khan, Son of Ashghar Khan, resident of Village- Dipra Tola, Chhotanki Bagahi, P.S.- Hathua, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Tajrun Nesha, Wife of Dilsar Khan, Daughter of Mumtaz Alam, resident of Village- Churaman Chak, Bhatwalia, P.S.- Pulwaria, DistrictGopalganj. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Rashid Alam For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-05-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offences under Sections 323 and 498A of the Indian Penal Code. The petitioner is husband of opposite party no. 2. There is allegation of demand of dowry and torture. For the same, the petitioner is in custody since 13.01.2017.

Submission is that the petitioner is always ready for restoration of matrimonial life.

On the other hand, learned counsel for the informant submits that in Maintenance Case No. 122/2013, learned Principal

Patna High Court Cr.Misc. No.16791 of 2017 (3) dt.16-05-2017 2/2 Judge, Family Court, Gopalganj had awarded maintenance in favour of the opposite party no. 2, which was to be paid by the petitioner, but the petitioner is not honouring the order. Considering the aforesaid facts, let the petitioner, above named, be released on bail, on depositing 50% of the maintenance amount at the time of filing of the bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate XI, Gopalganj in connection with Complaint Case No. 1480/2013 and the remaining amount in ten equal monthly installments. (Birendra Kumar, J.) Rakhi U T