Ayub Khan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5070 of 2016 Arising Out of PS.Case No. -35 Year- 2015 Thana -VIJAYPUR District- GOPALGANJ ====================================================== Ayub Khan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramadhar Shekhar For the Opposite Party/s : Mr. Sanjay Kr.Tiwary 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-01-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is languishing in jail since 03.12.2015 in a case registered for the offences punishable under Sections 498A, 406, 494 and 120B of the Indian Penal Code.

The basic accusation is of torture and performing second marriage.

It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant and the petitioner has not performed second marriage, though, statement to that effect has not been made in the petition. It is further submitted that the petitioner is ready to keep the informant as wife with full dignity and honour, statement to that effect ahs been made in para 10 of the petition, which reads as follows:- "That the petitioner being the husband of the victim

Patna High Court Cr.Misc. No.5070 of 2016 (2) dt.30-01-2016 2/2 lady is ready to keep the victim alongwith her s on with all respect and dignity and maintain all the affairs with full dignity and honour."

Considering the nature of accusation and present stand of the petitioner, let the above named petitioner be released on bail, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JM, 1st Class, Gopalganj in connection with Bijayipur P.S. Case No. 35 of 2015.

(Dinesh Kumar Singh, J) Amrendra/- U T