Allowed bail application filed by husband apprehending arrest in complaint case involving domestic cruelty and criminal charges, granting bail with conditions to care for wife if she resides with him.
Petitioner granted bail bond of Rs.25,000 with two sureties on furnishing bail bond subject to condition regarding wife's residence.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57164 of 2019
Arising Out of PS. Case No.-1082 Year-2018 Thana- NALANDA COMPLAINT CASE District- Nalanda
======================================================
MD. SHAHABUDDIN Son of Late Ishak Resident of Village - Khaira, Ajimabad, P.S.- Chhabilapur (Rajgir), District- Nalanda
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Raj Kishor Prasad For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
ORAL ORDER
Petitioner is apprehending his arrest in connection with Complaint Case No.1083C/18 , registered for offences punishable under Sections 498A, 323, 307, 313, 420, 506 of the Indian Penal Code and Section ¾ of the D.P.Act.
As per FIR, petitioner happens to be husband of the complainant and the allegation is with respect to demand of Rs.50,000/- and she was assaulted and ousted from the house.
Submission of the learned counsel for the petitioner is that the allegation is false and concocted. He is still ready to keep her with dignity and care.
On the other hand the learned counsel for the O.P.No.2 has submitted that he has got instruction that he has married another lady whereas the cognizance has been taken only
Patna High Court CR. MISC. No.57164 of 2019(4) dt.05-11-2019 2/2
under Section 498A/34 of the IPC. It is further submitted that earlier also after the compromise they have taken her and thereafter assaulted her and ousted her from the house.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released 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 the learned S.D.J.M., Biharsharif, Nalanda in connection with Complaint Case No.1082C/2018 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure with further conditon that if she is ready to reside with the petitioner, he has to keep her with dignity and care..
With the above direction, this application is allowed.
(Vinod Kumar Sinha, J)
chn/-
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2 issues framed by the court
Whether the petitioner should be granted bail on the apprehension of arrest in the cognizance proceedings.
Whether conditions should be imposed regarding the petitioner's responsibility towards his wife if she chooses to reside with him.
1 provisions across 1 enactments
Md. Shahabuddin
State of Bihar
Farhat Jabi
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
