Md. Mustak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83570 of 2019 Arising Out of PS. Case No.-207 Year-2019 Thana- SALAKHUA District- Saharsa ====================================================== MD. MUSTAK Son of Md. Samsul Resident of Village- Jamhra, P.S.- Sour Bazar (Patarghat O.P.), Dist- Saharsa.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bibi Nasima Khatoon W/o Mustak, D/o Md. Haroon Resident of VillageRasalpur, P.S.- Salkhua (Banma Itahari O.P.), Dist- Saharsa. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Mohan Jha, Adv.

For the Opposite Party/s :

Mr.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner is accused in connection with Salkhua (Banma Itahari O.P.) P.S. Case No.207 of 2019, registered under Sections 341, 323, 504, 506, 498A, 366, 120B of the Indian Penal Code and Section 3⁄4 of D.P. Act.

The accusation is of torturing of the complainant by her husband and in-laws due to non-fulfillment of demand of dowry and removing her from her matrimonial house and also kidnapping of Bhabhi of the complainant for marriage. Learned counsel for the petitioner submits that admittedly petitioner is husband of the complainant. Further submission is that while allegation has been made about

Patna High Court CR. MISC. No.83570 of 2019(2) dt.16-01-2020 2/2 kidnapping of the sister-in-law (Bhabhi) of the complainant but in course of investigation her statement was recorded under Section 164 Cr.P.C in which she clearly stated that due to torture she left the matrimonial house and went to house of her Mausi. The petitioner is in custody since 16.10.2019. Having regard to the facts and circumstances of the case, the, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the ACJM,IVth, Saharsa, in connection with Salkhua (Banma Itahari O.P.) P.S. Case No.207 of 2019. (Rajendra Kumar Mishra, J) Prakash Narayan /- U T