High CourtsSingle Bench

Md. Mahir Khan @ Md. Mozahir Khan vs State of Jharkhand

Jharkhand High Court · Decided on 31 July 2020 · Citation: (2020) 07 JH CK 0090

HON’BLE JUDGES
Rongon Mukhopadhyay, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
A.B.A. No. 1914 of 2020
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Judgment

12 paragraphs · 238 words

Heard Mr. Din Dayal Saha, learned counsel for the petitioner and Mr. Shekhar Sinha, learned P.P. for the State.

The petitioner has prayed for grant of anticipatory bail, as he is apprehending his arrest in connection with Mirzachouki P.S. Case No. 88/2019.

The marriage of the informant was solemnized with the petitioner. It has been alleged that there was a demand of Rs. 1,50,000/- out of which Rs.

50,000/- was fulfilled but the informant was subjected to torture for non-fulfillment of the rest amount of Rs. 1,00,000/-.

The petitioner had filed a suit for restitution of conjugal rights prior to the institution of the complaint. A supplementary affidavit has been filed by the

petitioner from which it appears that the matter has been settled between the parties and the complainant is residing with the petitioner.

Regard being had to the above, I am inclined to extend the privilege of anticipatory bail to the petitioner. The petitioner accordingly is directed to

surrender before the learned trial court within a period of four weeks and on such surrender, he shall be released on bail on furnishing bail bond of Rs.

10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate,

Sahibganj in connection with Mirzachouki P.S. Case No. 88/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal

Procedure.

This application stands allowed.