Badruddin Mian v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15953 of 2016 Arising Out of PS.Case No. -127 Year- 2014 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Badruddin Mian, son of Noor Alam @ Noor Alam Mian .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s : Mr. Anil Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-04-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the informant is languishing in custody since 05.02.2016 in a case registered for the offences punishable under sections 341, 323, 406, 498A, 494, 506/34 of the Indian Penal Code.

Basic accusation is of torture and performing second marriage.

It is submitted by learned counsel for the petitioner that accusation of torture has been levelled after 17 years of marriage and second marriage is permissible under 'Muslim Law'. The petitioner is still ready to keep the informant as wife with dignity and honour. A statement to that effect has been made in paragraph 13 of the petition, which reads as follows :-

Patna High Court Cr.Misc. No.15953 of 2016 (3) dt.20-04-2016 2/2 "That the petitioner is ready to keep her wife informant with full honour and dignity."

It is submitted by learned APP for the State that investigation has already concluded.

Considering the aforesaid fact, let the above named petitioner be released 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 CJM, Siwan in connection with Siwan Mufassil (Dhanauti O.P.) P.S. Case No.127/2014. (Dinesh Kumar Singh, J) Ashwini/- U T