Patna High CourtCR. MISC./54317/2015bail granted

Md. Shoukat @ Shoukat v. State Of Bihar And ANR

2015-12-07Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54317 of 2015 Arising Out of PS.Case No. -2071 Year- 2010 Thana -COMPLAINT CASE District- ARRARIA ======================================================

1. Md. Shoukat @ Shoukat Son of Md. Asagar resident of VilalgeFarsadangangi, Police Station -Palasi, District Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bibi Dilara Daughter of Md. Wajbul, resident of Village-Farsadangangi, police Station -Palasi, District Araria.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. M.Rab(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-12-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in jail custody since 01-10-2015 in a case in which, cognizance has been taken for the offence punishable under Section-498A of the Indian Penal Code. Petitioner happens to be husband of the complainant and earlier he was granted privilege of provisional bail by this court with direction to petitioner to take the complainant to his home but the impugned order shows that the complainant was never taken to her matrimonial home by the petitioner.

The submission on behalf of the petitioner is that brother of the petitioner fell ill, as a result thereof, petitioner could

Patna High Court Cr.Misc. No.54317 of 2015 (2) dt.07-12-2015 not comply with the direction of this court and filed a petition for extension of time but his petition was rejected by court below and petitioner was taken into custody.

Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, particularly, keeping in mind period of detention of the petitioner in jail, let the petitioner named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Case No. 2071-C of 2010 to the satisfaction of learned Sub Divisional Judicial Magistrate, Araria. (Hemant Kumar Srivastava, J) A.K.V./- U T