Manowar Alam @ Md. Manowar Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57107 of 2019 Arising Out of PS. Case No.-89 Year-2018 Thana- TERHAGACHH District- Kishanganj ====================================================== Manowar Alam @ Md. Manowar Hussain, Son of Late Salimuddin Resident of Village - Babhangaon (Kharra), P.S.- Tedhagachh, Distt - Kishanganj. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Tabes Ara D/o Tahmid Alam Resident of Village - Babhangaon (Kharra), P.S.- Tedhagachh, Distt - Kishanganj.

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

For the Petitioner/s :

Mr.Lalita Kumari For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Tedhagachh P.S. Case no. 89 of 2018, registered under Sections 420, 465, 467 and 468 of the Indian Penal Code. The accusation is that petitioner committed rape upon the complainant/informant then she lodged Tedhagachh P.S. Case No. 35 of 2008, which was committed to the Court of Session numbered as Sessions Trial No. 493 of 2009. In the meantime, on pressure of the society, the petitioner performed marriage with her and thereafter, pressure was being made to compromise the aforesaid case and she was being tortured for

Patna High Court CR. MISC. No.57107 of 2019(2) dt.09-09-2019 2/2 demand of dowry then she also lodged Complaint Case No. 33 of 2017. On the basis of the evidence recorded in Sessions Trial No. 493 of 2009, on the suggestion of the Punches, the petitioner was acquitted in that case and informant/complainant was removed from the matrimonial house and this petitioner filed the forged Talaknama in Complaint Case No. 33 of 2017 lodged under Section 498 A of the Indian Penal Code and the said case is pending.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate-I, Kishanganj in connection with Tedhagachh P.S. Case No. 89 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T