Md. Shamsul Huda @ Shamsul Huda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49264 of 2019 Arising Out of PS. Case No.-13 Year-2018 Thana- SUKHANI District- Kishanganj ====================================================== MD. SHAMSUL HUDA @ SHAMSUL HUDA Son of Basiruddin @ Md. Basiruddin Resident of Village - Salguri, P.S.- Sukhani, District- Kishanganj ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar Sinha For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-08-2019 Heard learned counsel for the petitioner, informant and the learned APP for the State.

The petitioner seeks bail in Sukhani P. S. Case No. 13 of 2018 instituted for the offence under Section(s) 341, 323, 354, 379, 313, 498A,504/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Petitioner is husband of informant.

In the written report it is alleged that informant was married with this petitioner. She remained peacefully in her matrimonial house for two months and thereafter she was tortured for demand of motorcycle by this petitioner and other family members. It is further alleged that when the informant was alone at her house, her father-in-law tried to establish physical relation with her and on protest her husband opened

Patna High Court CR. MISC. No.49264 of 2019(2) dt.14-08-2019 2/2 her mouth and her father-in-law poured medicine into her mouth, on account of which, pregnancy of the informant got terminated.

Learned counsel for petitioner submits that instant case has been filed only to give pressure to petitioner to withdraw the complaint filed before the superintendent of police Grievances Cell on 14.6.2018 by his father against informant and her father and other persons for kidnapping of his son for which Sukhani P.S. case no. 14 of 2018 has been registered.

Petitioner is in custody since 30.3.2019.

Considering the aforesaid, let the petitioner, above named, 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 the Additional Judicial Magistrate , Kishanganj, in connection with Sukhani P. S. Case No. 13 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T