Md. Rahmat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46442 of 2016 Arising Out of PS.Case No. -30 Year- 2016 Thana -GWALPARA District- MADHEPURA ====================================================== Md. Rahmat, S/o Late Nayeem, resident of village- Khokhsi, P.S.- Gwalpara, District- Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha, Advocate For the Opposite Party/s : Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-10-2016 Heard learned counsel for the petitioner and the State.

Petitioner being the husband of the informant is languishing in custody since 25.08.2016 in a case registered for the offences punishable under Sections 341, 323, 307, 494, 379, 504, 506, 498A/34 of the Indian Penal Code.

The basis accusation is of torture and performing second marriage.

It is submitted by the learned counsel for the petitioner that informant earlier filed Complaint Case No. 1078C of 2016 wherein cognizance has been taken under Section 498A of the Indian Penal Code and 4 of the Dowry Prohibition Act. The petitioner's side have also filed a case against the informant's side being Gwalpara P.S. Case No. 02 of 2016 levelling accusation under Sections 457, 380

Patna High Court Cr.Misc. No.46442 of 2016 (2) dt.25-10-2016 of the Indian Penal Code. The injury of the informant has been found simple in nature. It is further submitted that petitioner has filed Matrimonial Suit No. 67 of 2013 with a prayer for restitution of conjugal rights, thereafter the present case has been lodged.

Considering the nature of accusation, let the above named petitioner, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Shri Ashok Kumar-II, J.M., Ist Class, Udakishunganj at Madhepura in connection with Gwalpara P.S. Case No. 30 of 2016.

(Dinesh Kumar Singh, J) P.K./- U T