Md. Parvez Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48307 of 2015 Arising Out of PS.Case No. -1631 Year- 2014 Thana -COMPLAINT CASE District- JAMUI ====================================================== Md. Parvez Alam son of Md. Kalim Resident of village - Arha, Police Station - Chandradeep, District - Jamui. At present resident of Mohalla - Chhoti Talab (Pakri Barawan) Police Station - Pakri Barawan, District - Nawada.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Khurshid Khatoon wife of Md. Kalim Resident of village - Arha, Police Station - Chandradeep, District - Jamui.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Sanjay Kumar, Advocate For the Opposite Parties : Mr. G.S.Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 1631C of 2014 for the offences instituted under Sections 323, 504 and 354B of the IPC and Section 3/4 of the Prevention of With (Daain) Practices Act. As per complaint case, the petitioner is the son of the complainant and her husband is a sick and poor person, so she filed a maintenance case against petitioner (her son) for her maintenance and also for maintenance of her husband and minor son in the court of Principal Judge, Jamui. It is also alleged that all

of a sudden, petitioner came at her house and abused her by calling her Dayan and thereafter, he pushed her down to the ground and sat on her chest and when her husband and son came to save, they also assaulted them. Petitioner also tore Sari, Saya and blouse of complainant as a result she became half naked. Petitioner was compelling her to withdraw the maintenance case and due to this reason, he committed such occurrence. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner is the son of the complainant. There is a property dispute in the family for which the present complaint case has been filed by the mother of the petitioner. Petitioner has falsely been implicated in the present case.

On behalf of the State, it has been submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No. 1631C of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Shri Lalan Kumar, Judicial Magistrate, Ist Class,

Jamui, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T