Md. Shamsher @ Md. Sahid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41968 of 2014 Arising Out of PS.Case No. -56 Year- 2014 Thana -TAJPUR DistrictSAMASTIPUR ====================================================== Md. Shamsher @ Md. Sahid S/o Md. Wahid Resident of Village- Kashbe Ahar, Ward No.1, P.S.- Tajpur, District- Samastipur. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Dilip Kumar Roy, Adv. For the Opposite Party/s : Mr. Ajay Kumar-I (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-05-2015 Heard both sides.
The petitioner apprehends his arrest in Tajpur P.S. Case no. 56 of 2014, registered for the offences punishable under Sections 498A and other Sections of the Indian Penal Code. The brother-in-law of the petitioner lodged the present case making allegation against the petitioner that the petitioner subjected his wife to mental and physical torture. It is submitted that the petitioner filed a Complaint Case no. 353/2014 for confining his wife against the informant and others. Thereafter on the next day the informant filed this case.
Further it is submitted that the petitioner is ready to
Patna High Court Cr.Misc. No.41968 of 2014 (3) dt.14-05-2015 2/2 keep his wife. Both the legs of the petitioner have been amputated on account of train accident and petitioner is physically disabled even then he is ready to keep his wife.
Learned counsel for the complainant submits that the wife is ready to live with his husband but the husband used to demand money.
Considering the facts aforesaid and the fact that both the legs of the petitioner are amputated and he is hardly living, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Samastipur in connection with Tajpur P.S. Case No. 56 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J.) Rakhi/- U T