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Patna High CourtCR. MISC./11143/2016bail granted

Md. Shahid v. State Of Bihar And ANR

2016-09-20Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11143 of 2016 Arising Out of PS.Case No. -548 Year- 2015 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ======================================================

1. Md. Shahid Son of Md. Sabir, resident of Lalbagh, P.S.- Town, DistrictDarbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ruhi Khatoon @ Ruby Khatoon wife of Md. Shahid D/ Late Gulam Gaus Khan @ Chand Khan, resident of Nawagadhi Bela, P.S. L.N.M.U. DistrictDarbhanga. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Das, Advocate For the Opposite Party/s : Mr. Amit Kr.Rakesh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-09-2016 Heard learned counsel for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498A/34 of the Indian Penal Code.

The basic accusation is of torture.

It is submitted by the learned counsel for the petitioner that petitioner admits his marriage with the complainant, but has given talak to the complainant. It is further submitted that both sides decided to part ways on payment of permanent alimony by the petitioner and a petition to that

Patna High Court Cr.Misc. No.11143 of 2016 (4) dt.20-09-2016 effect has been filed before the learned court below. Mr. Birendra Kumar, learned counsel for the complainant does not controvert the contention of the learned counsel for the petitioner and in the change circumstances does not oppose the prayer for bail. Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sri Amit Kumar, J.M., Ist Class-cum-Additional Munsif-V, Darbhanga in connection with C.R. Case No. 548 of 2015, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) P.K./- U T