The Patna High Court granted bail to the petitioner in a domestic dispute case involving IPC offenses related to torture and intimidation. The court considered the minor children residing with the petitioner and the spouse's refusal to reunite.
Released on bail with bonds of Rs. 10,000 and two sureties; provisional bail confirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14697 of 2016
Arising Out of PS.Case No. -123 Year- 2015 Thana -KEOTI District- DARBHANGA ====================================================== 1. Md. Mojahid Son of Late Md. Soaib Resident of village - Koila Asthan, P.S. Keoti, Distt. - Darbhanga .... .... Petitioner/s Versus 1. The State of Bihar 2. Sabiya Khatoon, W/o Md. Majahid, C/o Md. Hasan Jaan, V.P.O.- Khiri, P.S.- Visfi, District- Madhubani .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shama Sinha, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 09-05-2016 Petitioner with two children and informant are present. Heard learned counsel for the petitioner and the State. Petitioner being the husband of the informant is languishing in custody since 06.02.2016 in a case registered for the offences punishable under Sections 341, 323, 324, 498A, 307, 504, 506 of the Indian Penal Code. The basic accusation is of torture and inflicting knife injury to the informant in the background of dispute that the petitioner having illicit relationship with another girl. It is submitted by the learned counsel for the petitioner that petitioner admits the marriage with the
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informant and birth of two female children. For the occurrence of 03.10.2015 the fardbeyan was recorded on 05.10.2015 and ultimately police case was registered on 16.10.2015. Though the informant was medically examined on 20.11.2015. It is further submitted that the petitioner is still ready to keep the informant and children as wife with full dignity and honour. Statement to that effect has not been made in the petition. It is also submitted that petitioner is filing affidavit to that effect today itself. The children are still residing with the petitioner. The petitioner was provisionally released by this Court vide order dated 06.04.2016 for a period of one month. The Investigating Agency was directed to conclude the investigation in the meantime, but there is no report of Investigating Agency.
Learned A.P.P. submits that he has no instruction that Investigating Agency has concluded the investigation.
It is submitted by the learned counsel for the informant that the nature of injury inflicted by the petitioner the informant is not ready to accept the offer of resuming the conjugal rights, but admits that both the children are residing with the petitioner.
Considering the fact that petitioner remains in custody for two months and keeping in view of the well being of the two minor children aged about seven years and three
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years, let the above named petitioner, 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 learned Chief Judicial Magistrate, Darbhanga in connection with Keoti P.S. Case No. 123 of 2015.
Let the provisional bail granted to the petitioner is hereby confirmed.
(Dinesh Kumar Singh, J)
P.K./-
U T
1 issue framed by the court
Whether the petitioner, husband languishing in custody, should be released on bail given his offer to restore conjugal rights for the sake of minor children.
1 provisions across 1 enactments
Md. Mojahid
The State of Bihar
Sabiya Khatoon
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
