Md. Kasim @ Md. Quasim v. The State Of Bihar
Case brief
What is this about?
The Patna High Court rejected the petitioner's application for anticipatory bail in a Section 498A criminal case. The court noted the petitioner had previously filed a theft complaint against his wife, reasoning that this filing itself constituted torture, and therefore declined to grant bail. It directed the petitioner to surrender for regular bail consideration.
What did the court decide?
Prayer for anticipatory bail rejected; directed to surrender for regular bail consideration.
What the court decided
Patna High Court Cr.Misc. No.46935 of 2013 (2) dt.11-11-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46935 of 2013
====================================================== 1. Md. Kasim @ Md. Quasim Son Of Md Afsar R/O Village-Kusiyar Gaon Kodarkatti, P.S.-Araria, District-Araria .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Dr.Bidhu Ranjan, Advocate For the Opposite Party/s : Mr. Addl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER ------------
2 11-11-2013 Heard learned counsel for the petitioner and learned Addl.P.P for the State.
The petitioner apprehends his arrest in Complaint Dase No. 564 of 2011 filed under Section 498A of the Indian Penal Code against him by his wife.
There are allegations of torture but it has been submitted the prior to the present case, the petitioner had filed a complaint case under Section 379 of the Indian penal Code against his wife. and others.
The filing of the case of theft by the husband against his wife is itself torture.
Considering the allegation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for bail
Issues for consideration
2 issues framed by the court
Whether anticipatory bail should be granted to a husband apprehending arrest under Section 498A IPC given his prior complaint of theft against his wife.
Whether the filing of a case of theft by the husband against his wife constitutes torture justifying bail.
Parties & counsel
- petitioner
Md. Kasim @ Md. Quasim
- respondent
The State Of Bihar
Coram
Shyam Kishore Sharma
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court