Md. Quddus v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20643 of 2016 Arising Out of PS.Case No. -1014 Year- 2010 Thana -COMPLAINT CASE District- ARRARIA ======================================================

1. Md. Quddus son of Serajuddin Resident of Village- Permanandpur, Police Station- Raniganj, District- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Madeena Khatoon wife of Md. Quddus, daughter of Late Md. Allauddin Resident of Village- Permanandpur, Police Station- Raniganj, DistrictAraria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anamul Haque For the Opposite Party/s : Mr. Vinod Shankar Modi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-05-2016 Heard learned counsels for the petitioner and the State. The petitioner being husband of the complainant is languishing in custody since 21.2.2016 in a complaint case filed with accusation under Section 498A of the Indian Penal Code. The basic accusation is of torture.

It is submitted by the learned counsel for the petitioner that the petitioner admits his marriage with the complainant and is ready to keep her with full dignity and honour. Statement to that effect has been made in paragraph 12 of the petition which reads as follows:

"That the petitioner is husband and ready to keep his

Patna High Court Cr.Misc. No.20643 of 2016 (2) dt.10-05-2016 2/2 wife with full honour and dignity."

Though cognizance has not been taken under section 494 IPC but it is submitted that the petitioner has performed second marriage.

Considering the fact that the investigation has already concluded, let the above named petitioner 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 learned J.M. Ist Class, Araria in connection with Complaint Case No. 1014C of 2010.

The learned court below shall be at liberty to cancel the bail bonds of the petitioner in case the petitioner defaults without any reasonable cause on three consecutive occasions. (Dinesh Kumar Singh, J) Anil/- U T