Sahazad @ Sahazad Karim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46642 of 2019 Arising Out of P.S. Case No.-47 Year-2019 Thana- SULTANGANJ District- Patna ====================================================== Sahazad @ Sahazad Karim, aged about 25 years, Male, Son of Md. Samim @ shameem A Resident of Mohalla - Buyaria Tola, P.S. - Sultanganj, District - Patna.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Arvind Kumar Mouar, Advocate For the Opposite Party :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor and perused the case diary. The petitioner is in custody in connection with Sultanganj P.S.Case No.47 of 2019 registered for an offence under Section 341, 323, 325, 498A and 504 of the Indian Penal Code and Section 3/4 of the D.P.Act.
It is alleged in the FIR that the petitioner is the husband of the informant and petitioner and his family members tortured the informant for demand of dowry and also assaulted the informant with iron pipe as a result of the which the leg of the informant got injured.
It is submitted that petitioner is the husband of the informant and, in fact, the petitioner after getting divorce from
Patna High Court CR. MISC. No.46642 of 2019(4) dt.25-09-2019 2/3 his first wife, he solemnized his second marriage with the informant of this case and at the time of marriage, concealed the real fact regarding his earlier marriage. When this fact came into the knowledge of the informant, she protested and after one week of marriage, the informant started quarreling for living separately, but the petitioner was not ready to do so and she left the house of the petitioner. It is also submitted that the petitioner is working as a labour in Almirah workshop. It is also submitted that the informant is also already married and having one child from her ex-husband. He further submits that petitioner has got clean antecedent and is in custody since 06.03.2019.
In view of the aforesaid facts, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Patna City in connection with Sultanganj P.S.Case No.47 of 2019 with following conditions:- (i) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
Patna High Court CR. MISC. No.46642 of 2019(4) dt.25-09-2019 3/3 (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) B.Kr./- U