Md. Hannan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65586 of 2018 Arising Out of PS. Case No.-31 Year-2018 Thana- MAHILA P.S. District- Banka ====================================================== Md. Hannan, Son of Late Md. Rafic, R/o Village- Kurma, P.S.- Dhoraiya, District- Banka.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Nurjahan Khatoon, W/o Md. Hannan, Resident of Village- Kurma, P.S.- Dhoraiya, District- Banka.

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

For the Petitioner/s :

Mr. Shyama Nand Thakur, Advocate.

For the informant : Mr. Balram Kapri, Advocate. For the Opposite Party/s :

Mr. Harendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-12-2018 Heard learned counsel for the petitioner, counsel for the informant and learned APP for the State.

Petitioner seeks bail in Banka (Mahila) P.S. Case No. 31 of 2018 instituted for the offence under Section(s) 498(A) and 494/34 Indian Penal Code.

Counsel for the petitioner submits that petitioner is husband of the informant. He is in custody since 29.6.2018. Counsel for the petitioner further submits that informant was married with this petitioner about 10-12 years back. The informant has alleged in the written report that she was tortured by her husband and others in sasural for nonfulfillment of demand of dowry. It is further alleged that

Patna High Court Cr.Misc. No.65586 of 2018(4) dt.12-12-2018 2/2 petitioner has performed another marriage.

Case diary has been received.

Learned A.P.P. after looking into the case diary submits that no injury has been found on the person of the informant in the entire case diary.

Counsel for the informant has appeared and opposed the prayer for bail.

Petitioner is in custody since 29.6.2018 having clean antecedent.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Banka, in connection with Banka (Mahila) P.S. Case No. 31 of 2018, subject to the condition that both the bailors will be close relative of the petitioner. (Sanjay Priya, J) S.Ali/- U T