Khurshed Alam @ Khurshid Alam v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61712 of 2018 Arising Out of PS. Case No.-2300 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Khurshed Alam @ Khurshid Alam Son of Late Amjad Ali, Resident of Village- Areraj, P.S. Govindganj, District- East Champaran. ... ... Petitioner/s
Versus
1. State Of Bihar
2. Julekha Pravin @ Gulshan Ara wife of Khurshid Alam and Daughter of Late Jafar Imam at present residing at Mohalla- Mathia, P.S. Chhatauni, DistrictEast Champaran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shakti Suman Kumar For the Opposite Party/s :
Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-02-2019 Heard the parties.
The petitioner seeks pre-arrest bail in Complaint Case No.C-2300 of 2017 / Tr.No.2840 of 2018 registered under Section 498A of the I.P.C.
Accusation is that Nikah of the complainant was performed with the petitioner on 04.12.2005. Thereafter she went to her Sasural where she was tortured for demand of cash a sum of Rs.2/- lacs and on account of non-fulfillment of the same she was assaulted and ousted from her matrimonial house by the accused persons. Thereafter she filed a complaint case which was ultimately compromised and the petitioner was granted bail on 11.03.2014 passed in CaseNo.2611 of 2014. Thereafter with
Patna High Court Cr.Misc. No.61712 of 2018(4) dt.04-02-2019 2/2 consent of the petitioner the complainant started living with her children in a rented house at Motihari but her husband did not pay any farthing for their maintenance and she was being tortured for Rs.2/- lacs and when she made complaint then petitioner tried to press her neck.
Learned counsel appearing on behalf of the petitioners submits that, in fact, the petitioner is unemployed and due to that reason she does not want to live with petitioner. Further submission is that the complainant is teacher getting Rs.18,000/- per month which would appear from her statement recorded on S.A. in inquiry under Section 202 Cr.P.C.
Having considered the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest of surrender before the learned court below within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the A.C.J.M. 3rd, Motihari, East Champaran, in Tr.No.2840 of 2018 arising out of Case No.C-2300 of 2017 subject to the conditions as laid down under Section 438(2) of Cr.P.C. (Rajendra Kumar Mishra, J) aks/- U