Patna High CourtCR. MISC./10124/2015bail granted

Bismillah Mian v. The State Of Bihar

2015-03-12Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10124 of 2015 Arising Out of PS.Case No. -366 Year- 2014 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bismillah Mian S/o Dilhasan Mian R/o Village- Bherihari, P.S. - Ramgadhwa, district- East Champaran, Motihari. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar, Advocate For the Opposite Party/s : Mr. Mustaque Alam(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-03-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code.

The basic accusation is of torture.

It is submitted by the learned counsel for the petitioner that marriage was performed in 1995 and thereafter the complainant filed Complaint Case No. 1522 of 2001 and Complaint Case No. 1320 of 2007 with similar accusation under Section 498A of the Indian Penal Code, but in both the complaint cases the petitioner has been acquitted and present complaint is the third round.

Patna High Court Cr.Misc. No.10124 of 2015 (2) dt.12-03-2015 Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, East Champaran, Motihari in connection with Complaint Case No. C-366 of 2013, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K./- U T