Sabjad Mian @ Sajjad Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79800 of 2019 Arising Out of PS. Case No.-572 Year-2018 Thana- JOGAPATTI District- West Champaran ====================================================== Sabjad Mian @ Sajjad Mian Son of Fariyaj Mian, Resident of Village- Britti Donwar, P.S.- Shanichari, District- West Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-02-2020 Heard the parties.

The petitioner seeks bail in Yogapatti( Shanichari) P.S. Case No.572 of 2018 registered for the offence punishable under Sections 341, 323, 315, 498(A), 504, 506,34 of the Indian Penal Code.

Allegation against the petitioner is that the petitioner performed second marriage with the petitioner and established physical relationship with her concealing the fact that he is already a married person. Thereafter, the petitioner and his family members made attempt for abortion and assaulted. Thereafter, she was ousted from her matrimonial home, for which the informant lodge a police case as Yogapatti(Shanichari P.S. Case No.138 of 2017 in which the petitioner was arrested. Thereafter, the petitioner entered into a compromise with the

Patna High Court CR. MISC. No.79800 of 2019(5) dt.17-02-2020 2/2 informant and promised not to assault her and to take proper care, on the basis of which the petitioner was acquitted. Submission of learned counsel for the petitioner is that the petitioner has been falsely implicated in this case on the instigation of one Harendra Chowdhary. Further submission is that the informant has four children from the wedlock of Harendra Chowdhary and due to family dispute, Harendra Chowdhary had left the informant who performed her second marriage with the petitioner. The petitioner is in custody since 21.05.2019. In this case, chargesheet has already been submitted.

Heard learned Addl. Public Prosecutor.

In view of submission made above, let the petitioner be enlarged on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Yogapatti (Shanichari) P.S. Case No.572 of 2018.

(Vinod Kumar Sinha, J) nawalkrs/- U T