Md. Sarfaraj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38079 of 2014 Arising Out of PS.Case No. -110 Year- 2012 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ====================================================== Md. Sarfaraj Alam, son of Md. Jabbar @ Mallu Mian, resident of village Panhar P.S. Khudaganj, District Nalanda (Biharsharif). .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prashant Kumar Choudhary, Advocate For the Opposite Party/s : Mr. Murlidhar, A.P.P. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 14-01-2015 The petitioner is the husband of Noorjahan Khatoon. She submitted a complaint against the petitioner alleging the acts of violence referable to Section 498A of the Indian Penal code. The case was registered.

Apprehending arrest, the petitioner moved an application for anticipatory bail and he was granted relief. However, on the complaint submitted by his wife, his bail bond was cancelled and he was arrested. Thereupon, the petitioner moved the Court of learned Sessions Judge, Nalanda, Camp Court, at Hilsa by filing B.P. No.284 of 2014. The learned Sessions Judge dismissed the application through order dated 08.08.2014. Hence, this application under Section 439 of the Code of Criminal Procedure.

Heard learned counsel for the petitioner and learned

Patna High Court Cr.Misc. No.38079 of 2014 (2) dt.14-01-2015 2/2 A.P.P. for the State.

Except that certain general and vague allegations are made, there is no serious offence attributable to the petitioner. The complainant may have the grievance about the break in the family, but that does not mean that the petitioner must be put behind the bars, indefinitely.

Hence, the application is allowed. The petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C. J. M. Hilsa, Nalanda in connection with Complaint Case No.110C of 2012. (L. Narasimha Reddy, CJ) Sunil/- U T