Kalamuddin v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39280 of 2016 Arising Out of PS.Case No. -95 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Kalamuddin, son of SK. Samhsuddin, resident of Village- Semrahia, P.S.- Chhauradano, District- East- Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Nasrana Khatoon @ Ladli, W/o Kalamuddin, R/o vill- Semrahia, P.SChhauradano and Distt.- East Champaran. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mohammed Abu Haidar, Adv. For the Opposite Party/s : Mr. Sri Ahtash Ali Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-09-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is languishing in jail since 02.05.2016 in a case registered for the offences punishable under Sections 323, 498A, 406, 504 and 120B of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for non-fulfillment of the dowry demand.
It is submitted by the learned counsel for the petitioner that the petitioner admits his marriage with the informant and is ready to keep her as wife with full dignity and honour, statement to that effect has been made in para 13 of the petition which reads as follows:-
Patna High Court Cr.Misc. No.39280 of 2016 (2) dt.08-09-2016 2/2 "That inspite of the aforesaid attitude of the complainant, the petitioner is still ready to keep his wife with full honour and dignity if she desires."
Learned counsel for the informant submits that the petitioner was granted provisional anticipatory bail vide Cr. Misc. No. 22930 of 2015 on his undertaking that he will keep the informant as wife but he failed to comply the undertaking, however, the informant is still ready to resume the conjugal life. Considering the nature of accusation and present stand of the parties, let the above named petitioner be released on bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihri at East Champaran in connection with Turkaulia P.S. Case No. 95 of 2015 arising out of Complaint Case No. 2775 of 2014.
(Dinesh Kumar Singh, J) Amrendra/- U T