Md. Alauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5840 of 2023 Arising Out of PS. Case No.-41 Year-2022 Thana- MAHILA P.S. District- Lakhisarai ====================================================== Rakesh Kumar Arya @ Manish Kumar Son Of Late Umesh Saw R/O Kabaiya Lal Baba Gali, Ward No.25, P.S.- Kabaiya, District- Lakhisarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Pallavi Pandey For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Mahila P.S. Case No. 41 of 2022 registered under sections 341, 323, 498A, 354, 506 and 34 of the Indian Penal Code.

Allegation against the petitioner is that he used to torture and assault the informant for the non fulfillment of dowry demand of Rs. 2 lacs and a motorcycle.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is the husband of the informant due to which he has falsely been implicated in this case. It is further submitted from para- 15 of this petition that the petitioner is ready to keep his

Patna High Court CR. MISC. No.5840 of 2023(2) dt.10-04-2023 2/2 wife (informant) with full dignity and honour. It is also submitted that the petitioner has no concern with this alleged offence. The petitioner is a labourer. A statement has been made in para-3 of this petition that he has got no criminal antecedent and he is languishing in judicial custody since 28.11.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Mahila P.S. Case No. 41 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Lakhisarai. (Sunil Kumar Panwar, J) shubham/- U T