Patna High CourtCR. MISC./49798/2015disposed

Md. Sajjad v. State Of Bihar And ANR

2016-08-08Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49798 of 2015 Arising Out of PS.Case No. -142 Year- 2015 Thana -CHHATAPUR District- SUPAUL ====================================================== Md. Sajjad Son of Md. Kalim Resident of Village - Rampur, Police Station - Chhatapur, District - Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Najrana Khathun Wife of Md. Sajjad, D/o- Jahid Hussain Resident of Village - Rampur, P.S. - Chhatapur, District - Supaul. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Singh, Adv. For the Opposite Party/s : Mr. Prem Kumar Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-08-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 379 and 504/34 of the Indian Penal Code.

The basic accusation is of torture.

Notices were issued to opposite party no.2 vide order dated 29.10.2015. It appears that in spite of valid service of notice, none appeared on behalf of opposite party no.2 on 28.04.2016, however, learned counsel for the petitioner was present. Today also none is appearing on behalf of opposite party no.2. It is submitted by Mr. Sanjay Kumar Singh the learned

Patna High Court Cr.Misc. No.49798 of 2015 (6) dt.08-08-2016 2/2 counsel for the petitioner having A.O.R. No. 1652 that that issue has been reconciled between the parties, but at present he has no instruction.

Considering the nature of accusation, it is a case for consideration of regular bail.

Let the learned court below consider the prayer for regular bail of the petitioner if he surrenders within a period of six weeks in connection with Chhatapur P.S. Case No. 142 of 2015 pending in the court of learned CJM, Supaul.

Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T