Umar Khayam @ Chunna @ Md. Umar Khayam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18429 of 2016 .3 Arising Out of PS.Case No. -913 Year- 2015 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ====================================================== Umar Khayam @ Chunna @ Md. Umar Khayam son of Md. Amir Hamja, R/o Mohalla- Mailanachak, Kasab Tola (Near Panti Tanki), P.S.- Mosahidpur, District- Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Pawan Kumar Sah son of Ganesh Prasad, Resident of village- Nayatola Tinpula (Ganeshpur) P.S. Jagdishpur, District- Bhagalpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjay Kumar Singh For the Complainant : Mr.Rajeev Ranjan For the Opposite Party/s : Mr. Manoj Kumar (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by the complainant.

Petitioner is apprehending his arrest in Complaint Case No.913 of 2015 for the offences under Sections 346, 365, 504, 506 and 34 of I.P.C.

Learned counsel for the petitioner submits that the petitioner is the brother of the victim lady and has been implicated in the present case only on mere suspicion. It is further submitted that the complainant and sister of the petitioner, namely, Monira

Patna High Court Cr.Misc. No.18429 of 2016 (3) dt.01-06-2016 2/3 Khatoon @ Munni Rani, sister of the petitioner, were married and though it was first marriage of the complainant with petitioner's sister, Monira Khatoon whereas she had been married thrice earlier with other persons and the complainant was her 4th husband.

Learned counsel for the State submits that it has come on the record that the complainant and the sister of the petitioner were having serious differences and matrimonial suit has been filed between the parties. It is further submitted that sister of the petitioner has also filed a sanha alleging therein that her husband, complainant had been indulging in the business of flesh trade and had tried to induct her into flesh trade and upon denial of the same she was threatened with dire consequence. Considering the entire facts and circumstances and there being no material to show that actually the victim lady Monira Khatoon @ Munni Rani had disappeared from the house of the present petitioner and none had seen this petitioner abducting the victim lady who is sister of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of

Patna High Court Cr.Misc. No.18429 of 2016 (3) dt.01-06-2016 3/3 the like amount each to the satisfaction of Sri Manish Kumar, J.M., 1st Class, Bhagalpur, in Complaint Case No.913 of 2015 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Anjana Mishra, J) AnilKrSinha/- U T