Muslim Shah @ Kallu Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60762 of 2019 Arising Out of PS. Case No.-445 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Muslim Shah @ Kallu Sah, Son of Salim Shah, Resident of Mohalla - Main Road, Daud Nagar, P.S.- Daud Nagar, District- Aurangabad ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Tabbasum, D/O - Nejam Sah, W/O - Muslim Shah @ Kallu Sah, Resident of Village and P.O. - Kewra, P.S.- Punpun, District- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Ataul Haque For the Opposite Party/s :
Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-12-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 445C of 2017, disclosing offences under Sections 323 and 498A of IPC.
As per complaint case, petitioner happens to be the husband of the complainant. There is allegation of demand of Rs.50,000/- and for that, torturing and assaulting her. Submission of the learned counsel for the petitioner is that the allegation is false and concocted. He is ready to keep her with dignity and care and that stand he has also taken before the learned Sessions Judge, but in spite of notice, she did not chose to appear before the Sessions Judge, though the petitioner was present there.
Patna High Court CR. MISC. No.60762 of 2019(5) dt.13-12-2019 2/2 Heard learned A.P.P. also.
Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Judicial Magistrate, 1st Class, Masurhi, in connection with Complaint Case No. 445C of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that if the complainant is ready to reside with him, he has to keep her with dignity and care. (Vinod Kumar Sinha, J) Sunil Shukla/- U T