Patna High CourtCR. MISC./55271/2016rejected

Md. Mutaqim Alam @ Md. Mustaquim Alam v. State Of Bihar And ANR

2017-04-04Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 55271 of 2016 Arising Out of PS.Case No. -3190 Year- 2011 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ====================================================== Md. Mutaqim Alam @ Md. Mustaquim Alam, Son of Md. Khalil, resident of Village Pipal Tola, Madhepur, P.S. - Balrampur, District - Katihar .... .... Petitioner

Versus

1. The State of Bihar

2. Nazmin Khatoon, wife of Md. Mutaqim Alam @ Md. Mustaquim Alam, Daughter of Late Mahbub Alam, resident of Village - Sabanpur, P.S.- Balibelon, District - Katihar .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Bimal Kumar, Advocate For the Opposite Party : Smt. Asha Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 498A/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. Petitioner is the husband of the complainant. There is allegation of demand of dowry and torture for the same. Petitioner is in custody since 20.07.2016.

Submission is that the petitioner is a patient of heart ailment and he be released on bail.

On the other hand, learned counsel for the complainant submits that the petitioner is not paying the

Patna High Court Cr.Misc. No.55271 of 2016 (4) dt.04-04-2017 2/2 maintenance amount as per the order of a coordinate Bench of this Court in Cr. Misc. No. 51103 of 2013 on 15.10.2014. Moreover, the petitioner has married twice thereafter.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with C.A. Case No. 3190 of 2011 pending in the Court of learned Sub-Divisional Judicial Magistrate, Katihar/successor Court. Hence, prayer for bail is refused.

However, the learned trial court is directed to expedite the trial as the case is running for prosecution evidence and conclude the same preferably within six months from the date of receipt of a copy of this order.

Kundan (Birendra Kumar, J) U T