Patna High CourtCR. MISC./4518/2017bail granted

Obedur Rahman v. The State Of Bihar

2017-02-14Mr. Justice Sanjay Priya2 pages

Patna High Court Cr.Misc. No.4518 of 2017 (2) dt.14-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4518 of 2017 Arising Out of PS.Case No. -362 Year- 2016 Thana -JOKIHAT District- ARRARIA ====================================================== Obedur Rahman Son of Md. Shamim, Resident of Village- Kakaura, Police Station- Jokihat, Mahalgaon in the district of Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar, Advocate.

For the Opposite Party/s : Mr. Sri Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Jokihat (Mahalgaon) P.S. Case No. 362 of 2016 instituted for the offence under Section(s) 341, 323, 498(A),494,506,504/34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.

It has been submitted that in the written report itself the informant stated that she has earlier filed Complaint Case No. 4854C of 2012 against this petitioner before the Chief Judicial Magistrate, Purnia for the offence under Section 498(A) of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act. The husband performed another marriage on 11.11.2016 after filing of that case.

Patna High Court Cr.Misc. No.4518 of 2017 (2) dt.14-02-2017 Counsel for the petitioner submitted that in Complaint Case No. 4854 of 2012, the petitioner was granted anticipatory bail by a coordinate Bench of this Court in Cr. Misc. no. 41462 of 2014 on 13.04.2015. The instant case has been filed leveling allegation that her husband has performed another marriage. The petitioner is said to be in custody since 15.12.2016. In the facts and circumstances of the case, let the Petitioner, above named, be released on bail on furnishing bail bond of 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st Class, Araria in connection with Jokihat (Mahalgaon) P.S. Case No. 362 of 2016 subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) Prakash/- U