Patna High CourtCR. MISC./9358/2015bail granted

Md. Saddam v. State Of Bihar And ANR

2015-03-09Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.9358 of 2015 (2) dt.09-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9358 of 2015 Arising Out of PS.Case No. -3295 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Md. Saddam Son of Md. Laloo Resident of Mohalla - Mane Chowk, P.S. Runnisaidpur, District Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shamima Khatoon W/o Md. Saddam D/o Md. Kasim Resident of Village - Madhubani, P.S. Minapur, District Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s Mr. Panchanand Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 09.03.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner happens to be husband of the complainant and his marriage was solemnized in the year 2009.

The accusation against the petitioner is that he tortured the complainant due to non-fulfillment of illegal demand. The impugned order of the learned Sessions Judge reveals that the complainant flatly refused to lead her conjugal life with the petitioner on pretext that the petitioner has solemnized his second marriage but on behalf of the petitioner solemnization of second marriage of the petitioner is completely denied. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four

Patna High Court Cr.Misc. No.9358 of 2015 (2) dt.09-03-2015 weeks from the date of receipt of this order to the concerned court, 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 the Sub divisional Judicial Magistrate(East), Muzaffarpur in Complaint case no. 3295/2013, Trial no. 2331/2014 subject to condition as laid down under section 438(2) of the Cr.P.C. shahid (Hemant Kumar Srivastava,J) U T