Patna High CourtCR. MISC./37318/2014disposed

Nazruddin Sah v. State Of Bihar And ANR

2015-04-20Mr. Justice Gopal Prasad2 pages

Patna High Court Cr.Misc. No.37318 of 2014 (3) dt.20-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37318 of 2014 Arising Out of PS.Case No. -714 Year- 2012 Thana -GAYA COMPLAINT CASE District- GAYA ======================================================

1. Nazruddin Sah Son of Nasruddin Sah R/o Village Charkuppa, P.S. Raphiganj, District Aurangabad .... .... Petitioner.

Versus

1. The State of Bihar

2. Mariyam Khatoon D/o Late Aslam Shah R/o Village Malhari, P.S. Karimganj, District Gaya .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Ashok Kumar, Advocate. For the State : Mr. Amitesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 20-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 714 of 2012, registered under Sections 323, 498A, 379, 504 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is ready to keep the complainant with due dignity and honour.

Learned counsel for the opposite party no. 2 submits that complainant is subjected to cruelty and petitioner not to provide her food and maintenance.

Having regard to the facts and circumstances of the case, the above named petitioner in the event of his arrest/surrender within a period of four weeks from the date of receipt of the order in the court below shall be released on interim bail for four months on furnishing bail bonds of Rs. 10,000/-(Ten thousand)

Patna High Court Cr.Misc. No.37318 of 2014 (3) dt.20-04-2015 with two sureties of the like amount each to the satisfaction of Shri Rajesh Prasad, Judicial Magistrate, 1st Class, Sherghati, Gaya, in connection with Complaint Case No. 714 of 2012, subject to condition as laid down under Section 438 (2) of Cr.P.C. Further condition that petitioner will pay Rs. 1500/- per month. In the meantime, trial court shall call the complainant and if the complainant agrees to go with the petitioner then trial could shall confirm the bail of the petitioner. However, if the complainant is not ready to go with the petitioner for any unavoidable reason, then petitioner shall pay Rs.1500/- per month till higher maintenance is decided by the competent court. m.p.

(Gopal Prasad, J) U T