Md. Nazim v. The State Of Bihar

Patna High Court Cr.Misc. No.36145 of 2014 (2) dt.20-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36145 of 2014 Arising Out of PS.Case No. -212 Year- 2014 Thana -GAYA COMPLAINT CASE District- GAYA ======================================================

1. Md. Nazim S/o Maulana Mukhtar Rijvi Resident of Village Manjhauli, P.S. Dumarian, District Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Ashok Kr.Singh(App) ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 20-02-2015 Heard Sri Ravindra Kumar, learned counsel for the petitioner, Sri Rajiv Ranjan Singh, learned counsel for the complainant and Sri Ashok Kumar Singh, learned APP. The allegations are manifold, like, just after the marriage and almost in three months of it, the wife was thrown out of her matrimonial house and further the husband, i.e., the present petitioner was demanding and torturing so as to realize the cost of a motorcycle, but still not being ready to take the lady into his family fold.

These and other allied allegations appear through a petition of complaint filed three years after the marriage. The petitioner has a defence that he was a mere 18 yearold-boy, who was picked up by force by the father of the complainant and was forced to marry Tamanna Pravin, the

Patna High Court Cr.Misc. No.36145 of 2014 (2) dt.20-02-2015 complainant. The petitioner has repudiated the marriage in his own way by filing a petition before the learned S.D.J.M. Sherghati, Gaya. A copy of the informatory petition which was filed before the learned SDJM, Sherghati on 04.11.2011 has been annexed as Annexure-4 to the present petition. During the hearing of the present petition, the learned counsel appearing for the complainant was, besides opposing the prayer tooth and nail, requesting the Court to forge some tools for reconciliation or to transmit the matter for reconciliation before the appropriate committee of the High Court.

Considering the allegations being brought about so belatedly and considering the defence which was placed as meritoriously as through the petition Annexure-4, let the above named petitioner be admitted to bail, either in the event of his arrest by the police or surrender in the court below in connection with Complaint Case No.212 of 2014 to the satisfaction of SDJM, Sherghati, Gaya on furnishing bond of Rs.5,000/- with two sureties of the like amount each subject to the condition as laid down under Section 438(2) Cr.P.C.

(Dharnidhar Jha, J) B.Kr./- U T