IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.17199 of 2009 MD.SHAKIL AKHTAR @ MD.SHAKEL AKHTAR, SON OF NOOR MOHAMMAD, RESIDENT OF VILLAGE – AMRAHA, P.S. – CHANDAUTI, DISTT. – GAYA .................................... PETITIONER Versus THE STATE OF BIHAR ............... OPP. PARTY ----------- 2 19.05.2009 Heard learned lawyer for the petitioner and the State. The petitioner is an accused of a case under Section 323 and 498 A of the Indian Penal Code. The marriage was 18 years prior to the occurrence. There is allegation that the petitioner and others tortured the complainant in connection with additional dowry demand. Submission is that the there was no question of committing any torture after such a long period. Earlier also a Complaint petition No. 210 of 2003/Tr. No. 885 of 2003 was filed, which was dismissed under Section 203 of the Cr.P.C. and against that order the complainant filed a Criminal Revision No. 24 of 2004, which was also dismissed. The petitioner is father of four children, out of which one from the complainant and others from the second wife and is still ready to keep her with full dignity, which she deserves. He has surrendered on 28.2.2009 and since then he is in custody. On the date of occurrence, the petitioner was at his duty which place is at a distance of about 350 Kms. from the alleged place of occurrence. The medical officer in charge of the Additional Primary Health Centre has given a certificate to that extent. In the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of - 2 - Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sri A. K. Sinha, learned Judicial Magistrate, Ist Class, Gaya in connection with Complaint Case No. 420 of 2004 Tr. No. 600 of 2004. Kundan (Shyam Kishore Sharma, J.)