Nizam Rain @ Md. Nizam Rain v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13363 of 2019 Arising Out of PS. Case No.-162 Year-2016 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== Nizam Rain @ Md. Nizam Rain, S/o Abdul Rahim Rain Resident of VillageKora Harbans, P.S.- Parsauni, District- Sitamarhi. ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Aklima Khatoon W/o Nizam Rain @ Md. Nizam Rain, D/o Md. Abmad At Present residing at Village Parsurampur, P.S.- Parsauni, District- Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Kumar For the Opposite Party/s :
Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-03-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner being the husband languishing in custody since 07.01.2019 in connection with Complaint Case No.C1/162/2016 registered for the offences punishable under Sections 498A, 323, 504, 34 of the Indian Penal Code. Prosecution case got initiated with filing of Complaint Case No.1401 of 2015 which came to be registered as Parsauni P.S. Case No.114 of 2015 under Section 156 (3) of Cr.P.C. The accusation is of torturing the informant by the petitioner and other in-law family members for non-fulfillment of dowry demand and not giving birth to a child.
Patna High Court CR. MISC. No.13363 of 2019(2) dt.07-03-2019 2/2 It is submitted by learned counsel for the petitioner that the petitioner has not been sent up for trial and final form has been submitted and ultimately order of cognizance has been passed.
Learned A.P.P. for the State has vehemently opposed the prayer for bail and submits that there is specific accusation against the petitioner, being the husband of the informant. Considering the nature of accusation and the period of custody and the fact that the final form has been submitted coupled with the fact that the petitioner is not having any criminal antecedent, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with in connection with Complaint Case No.C1/162/2016. (Dinesh Kumar Singh, J) sanjeev/- U T