Hasim Mian @ Hasim Miya v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.25331 of 2016 (3) dt.20-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25331 of 2016 Arising Out of PS.Case No. -725 Year- 2013 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Hasim Mian @ Hasim Miya son of Amin Mian, resident of VillageDabariya Makari Tola, Police Station-Nautan District-West Champaran at Bettiah .... .... Petitioner/s

Versus

1. The State of Bihar

2. Jamila Khatoon wife of Hasim Mian, Daughter of Islam Mian, resident of Village-Dabariya Makari Tola, Police Station- Nautan District- West Champaran at Bettiah At present resident of Village- Sudamanagar, Police Station- Bairiya, District- West Champaran at Bettiah .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 20.06.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner being husband of complainant seeks bail in complaint case in which cognizance has been taken for the offence under section 498A of the Indian Penal Code.

Marriage of the complainant was solemnized with the petitioner in the year 2003 but the present complaint case was filed in the year 2013. The complainant claims that the petitioner established illicit connection with his Bhabhi who happens to be accused no. 3 in the complaint petition. The complainant makes allegation of illegal demand and torturing against the petitioner but submission on behalf of the petitioner is that the petitioner has filed matrimonial suit for

Patna High Court Cr.Misc. No.25331 of 2016 (3) dt.20-06-2016 restitution of his conjugal rights and is still ready to lead his married life with the complainant but, as a matter of fact, it is the complainant who does not lead married life with the petitioner. Petitioner is in jail custody since 10.4.2016. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri Sitesh Kumar, Judicial Magistrate, Ist Class, West Champaran at Bettiah in Complaint Case no. 725C/2013, trial no. 1940/2016.

However, court below shall take all possible steps to reconcile the dispute of the parties, if any prayer on behalf of the parties to that effect is made before the court below. shahid (Hemant Kumar Srivastava,J) U T