Patna High CourtCR. MISC./904/2016bail granted

Md. Allauddin v. State Of Bihar And ANR

2016-01-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.904 of 2016 Arising Out of PS.Case No. -517 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR ====================================================== Md. Allauddin .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Manoj For the Opposite Party/s : Mr. Smt.Sangeeta Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-01-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code. The basic accusation is of torture. Though, it is also alleged that the petitioner has performed second marriage but cognizance has only been taken under Section 498A of the IPC.

Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and is ready to keep the complainant and children with full dignity and honour. A statement to that effect has been made in para 9 of the petition which reads as follows:- "That the petitioner earns livelihood somehow from begging and still ready to keep his wife, the complainant and children."

Patna High Court Cr.Misc. No.904 of 2016 (2) dt.07-01-2016 It is further submitted that the petitioner is 100% blind, statement to that effect has been made in para 8 of the petitioner and certificate to that effect has been brought on record as Annexure-2 to the petition.

Considering the fact that the petitioner completely disabled person, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JM, 1st Class, Muzaffarpur in connection with Complaint Case No. 517 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T