Kalamuddin Khan v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18698 of 2019 Arising Out of PS. Case No.-259 Year-2016 Thana- RAMNAGAR District- West Champaran ====================================================== KALAMUDDIN KHAN, Son of Aurangzeb Khan, Resident of Village - Meghwal Mathiya, P.S.- Ramnagar, District- West Champaran ... ... Petitioner
Versus
1.
THE STATE OF BIHAR 2.
Sitara Khatoon, Wife of Kalamuddin Khan, Resident of Village - Meghwal Mathiya, P.S.- Ramnagar, District- West Champaran Present Address - D/O - Fijajul Haque Khan, R/o- Bediharwa, P.S.- Sikta, West Champaran ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Ms.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-06-2019 Petitioner seeks bail in anticipation of his arrest in connection with Ramnagar P.S. Case No. 259 of 2016 registered for the offences punishable under Sections 498A, 379 and 34 of the Indian Penal Code.
Allegation against the petitioner is that marriage of the informant was solemnized with the petitioner and she gave birth to two female children and as such she was tried to kill and ousted from the house.
Submission of learned counsel for the petitioner is that falsity of the prosecution case will appear from the fact that FIR itself shows that she was wandering for eight years and thereafter she has lodged this case and no explanation has been given for that and petitioner is ready to pay maintenance, if any. Heard learned APP and learned counsel for the informant,
Patna High Court CR. MISC. No.18698 of 2019(4) dt.18-06-2019 2/2 who has opposed the prayer for anticipatory bail of the petitioner. In view of above facts and circumstances, let petitioner, in the event of arrest or surrender before the court below within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, West Champaran, Bettiah, in connection with Ramnagar P.S. Case No. 259 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition is that if opposite party No.2 files an application for maintenance, petitioner has to co-operate in disposal of the maintenance case and has to abide by any order of maintenance either interim or final passed in that case.
(Vinod Kumar Sinha, J) spal/- U T