Md. Ishmile v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49535 of 2015 Arising Out of PS.Case No. -438 Year- 2012 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ====================================================== Md. Ishmile Son of Md. Israil Resident of Mohalla - Sahebganj, P.S.- University, (Kotwali), District - Bhagalpur .... .... Petitioner

Versus

1. The State of Bihar

2. Bibi Nemuna @ Moni Daughter of Md. Ansar Wife o Md. Ismile Resident of Village - Khilapatnagar, P.S.- Habibpur, Distrct - Bhagalpur .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Pravin Kumar Sinha, Advocate. For the Opposite Parties : Mr. B. N. Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-03-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under section 498 A of the I.P.C and section 3⁄4 of the Dowry Prohibition Act.

Allegedly, the petitioner being husband of the complainant along with other co-accused started torturing and assaulting her due to non fulfillment of demand of Rs. 20,000/- and further tried to burn her.

Submission is of false implication and that the petitioner was granted pre-arrest bail for six months with a

Patna High Court Cr.Misc. No.49535 of 2015 (3) dt.14-03-2016 2/2 direction to take step for reconciliation but after completion of six months the bail bond of the petitioner was cancelled and then he surrendered and is suffering in custody since 06.08.2015. The learned A.P.P. now does not oppose the prayer for bail.

In the facts and circumstances as stated above, considering detention of the petitioner, now he is directed to 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 S.D.J.M. Bhagalpur in Complaint Case No. 438 of 2012, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Abhay/- U T