Patna High CourtCR. MISC./44168/2015bail granted

Md. Akhtar Khan @ Md. Akhtar v. State Of Bihar And ANR

2015-09-29Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44168 of 2015 Arising Out of PS.Case No. -223 Year- 1999 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ====================================================== Md. Akhtar Khan @ Md. Akhtar son of Reyazuddin Khan Resident of Village - Jamaniya, P.S. Jharokhar, District - East Champaran at Motihari, presently Driver Wasari, Quarter No. 588, Rajrappa Project, P.S. Rajrappa, District - Hazaribag.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Bibi Mahmooda Khatoon @ Munni Khatoon wife of Md. Akhtar Khan Presently residing at Village - Akhta, P.S. Bairgania, District - Sitamarhi. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Pushpendra Kumar Singh, Advocate.

For the Opposite Parties : Mr. Aditya Narayan Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-09-2015 Heard both sides.

The petitioner seeks bail in a case registered for the offences punishable under Section 498(A) and other Sections of the Indian Penal Code.

The petitioner is husband. The wife made allegation of demand of dowry and torture. The petitioner could not maintain her and her children out of which six children are minors. It is submitted that the petitioner is paying Rs. 1500/- per month maintenance to his wife and his children. The petitioner is a driver in Rajrappa Project.

Learned counsel for the complainant however

Patna High Court Cr.Misc. No.44168 of 2015 (3) dt.29-09-2015 2/2 vehemently opposed the prayer for bail.

Having considered the facts aforesaid and the fact that the petitioner is the husband and he has remained in jail for about two months, the petitioner above named is directed to be enlarged 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 Sub-Divisional Judicial Magistrate, Sitamarhi in Trial No. 563 of 2015, arising out of Complaint Case No. C-1/223 of 1999, subject to the condition that the petitioner shall appear in the present case as well as in the maintenance case pending before the court on each and every date, if the petitioner fails to appear on any date, the court below shall cancel the bail bond of the petitioner.

(Prabhat Kumar Jha, J.) KKSINHA/- U T