Patna High CourtCR. MISC./50852/2019allowed

Abdul Karim v. The State Of Bihar

2019-08-16Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50852 of 2019 Arising Out of PS. Case No.-1567 Year-2018 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== ABDUL KARIM Son of Md. Hussain Resident of Village- Rampur Kochaili Dagarua, P.S.- Dagarua, District- Purnea.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar 2.

Sambhu Murmu @ Somi Murmu D/o Lamba Murmu Resident of VillageBangali Rahika, P.S.- Dagraua, District- Purnea. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Kanhaiya Kishore (App 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case N0. 1567 of 2018, disclosing offences under Section 498A of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner has submitted that on the basis of incorrect allegation that Opposite party No.2 is married to him, this complaint has been lodged. He has submitted that there cannot be any material to suggest that the petitioner and Opposite party No.2 are husband and wife.

On perusal of the complaint petition, it can be noticed that no specific date has been given as to when the petitioner and Opposite party No.2 had got married.

Patna High Court CR. MISC. No.50852 of 2019(2) dt.16-08-2019 2/2 Considering the above submission, this application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, 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 learned SubDivisional Judicial Magistrate, Purnea in Complaint Case No. 1567 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) arun/- U