Maulana Abid @ Maulana Abid Hussain v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.26375 of 2015 (2) dt.20-07-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26375 of 2015 Arising Out of PS.Case No. -1521 Year- 2013 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ======================================================
1. Maulana Abid @ Maulana Abid Hussain son of Bechu Sai resident of village Bhatwalia, Near Churavan Chowk Line Bazar, P.S. Phulwaria, District Gopalganj.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Sabara Khatoon wife of Maulana Abid Hussain & daughter of late Ali Ahmand resident of village Khalispur, P.S. Siwan , District- Siwan. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Anant Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending his arrest in a case instituted under Section 498A/34 of the Indian Penal Code. The prosecution story, in brief, is that opposite party No.2 was married with petitioner on 19.10.2011 and from the same day the in-laws started demanding cash of Rs.2,50,000/- and a motorcycle saying that without taking the same, Bidagiri would not be done. On the prayer made by the family members, Bidagiri was performed and the complainant went to her matrimonial house and lived there peacefully. Later on they again demanded the same thing and due to non-fulfilment of the same, she was tortured and assaulted. Thereafter the parent of the complainant paid an amount
Patna High Court Cr.Misc. No.26375 of 2015 (2) dt.20-07-2015 of Rs1,00,000/-. However, she was tortured and ousted from the matrimonial house.
On behalf of the petitioner, it is submitted that the petitioner is ready to keep the complainant but the same is not acceptable to her. It is further submitted that the petitioner is ready to deposit an amount of Rs.1,500/- per month in the court below, which shall be released in favour of the complainant. On behalf of the State, it is submitted that the petitioner is named in the complaint petition and is the husband of the complainant.
Considering the aforesaid facts, it is directed that the petitioner shall deposit an amount of Rs.1,500/- per month in the Court below, which shall be released in favour of the complainant. Let the above named petitioner, in the event of his arrest/surrender in the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Siwan in connection with Trial No.3544/2015, arising out of Complaint Case No.1521/2013, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
V.P.Sinha/- (Sudhir Singh, J) U