Mustaque Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21535 of 2016 Arising Out of PS.Case No. -116 Year- 2014 Thana -BARHARIA District- SIWAN ====================================================== Mustaque Ali Son of Munna Rai, Resident of Village- Sallahpur, Police Station- G.B. Nagar, District- Siwan.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Sucheta Yadav (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-07-2016 Heard learned counsel for the parties.

The petitioner being the husband of the informant is languishing in custody since 4.4.2016 in a case registered for the offences punishable under sections 498A, 406, 420, 307/34 of the Indian Penal Code.

The basic accusation is of torture. It is specifically alleged that the petitioner pushed the informant from the running train, as a result she fell down on the railway platform. It is submitted by the learned counsel for the petitioner that the petitioner never married with the informant and in fact the informant did not receive any injury. It is also submitted that the investigation has already concluded and the final report (charge sheet) was submitted under sections 498A, 120B, 302, 34 of the Indian Penal Code.

Patna High Court Cr.Misc. No.21535 of 2016 (5) dt.25-07-2016 Learned A.P.P. after going through the case diary has not controverted this fact that no injury was caused to the informant and the investigation has already concluded.

Considering the aforesaid facts, let the petitioner, abovenamed, 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 the Chief Judicial Magistrate, Siwan in Barharia (G.B.Nagar) P.S.Case No. 116/2014.

(Dinesh Kumar Singh, J) Surendra/- U