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Patna High CourtCR. MISC./623/2015bail granted

Rahbar Alam @ Md. Rahber Alam v. State Of Bihar And ANR

2015-01-08Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.623 of 2015 Arising Out of PS.Case No. -138 Year- 2014 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ====================================================== Rahbar Alam @ Md. Rahber Alam son of Nayeemul Haque .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Shailendra Kr. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner being husband of opposite party no. 2 apprehends his arrest in connection with Complaint Case No. 138 of 2014 registered for the offences punishable under Section 498A, 323,406 of the Indian Penal Code.

It would appear from perusal of the Complaint petition that an omnibus and general allegation have leveled against the petitioner and furthermore, the impugned order dated 09. 12.2014 passed by learned Sessions Judge, Darbhanga reveals that when the learned Session Judge, Darbhanga tried to restore the matrimonial dispute of the parties, the complainant flatly refused to lead her conjugal life with the petitioner without having any reason.

Patna High Court Cr.Misc. No.623 of 2015 (2) dt.08-01-2015 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the subDivisional Judicial Magistrate, Darbhanga in Complaint Case No. 138 of 2014, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Namita/- U T