Aasif Khan v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5527 of 2019 Arising Out of PS. Case No.-271 Year-2018 Thana- KHAIRA District- Saran ====================================================== Aasif Khan, aged about 24 years, gender-Male, Son of Aalim Khan, Resident of Village and P.O.-Nagra, P.S.-Khaira, District-Saran ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Shamma Praveen, Wife of Aasif Khan and Daughter of Revaz Ahmad Siddiqui Resident of village and P.O-Nagra, P.S.-Khaira, District-saran presently residing at Village-Basahi, P.S.-Janta Bazar, District-Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Anis Akhtar For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-02-2019 Heard learned counsels for the petitioner and the State.

The petitioner, being the husband of the informant is languishing in custody since 23.10.2018 in a case registered for the offences punishable under Sections 341, 323, 504, 498A and 506/34 of the IPC and Sections 3/4 of the Dowry Prohibition Act.

The prosecution case, as per the written report of Shamma Praveen, dated 12.10.2018, submitted to the Station House Officer, Khaira Police Station, is to the effect that the informant was married with the petitioner on 23.05.2018,but subsequent to the marriage, there was further demand of dowry and due to

Patna High Court Cr.Misc. No.5527 of 2019(2) dt.01-02-2019 2/2 non-fulfillment of the same, the informant was tortured by the petitioner and his family members. It is further alleged that the informant was also assaulted by the petitioner and other family members.

It is submitted by learned counsel for the petitioner that though the petitioner admits his marriage with the informant, but due to adamant attitude of the informant, the petitioner is not ready to reconcile the issue. It is further submitted that the investigation has already been concluded and the injury of the informant has been found to be simple.

Learned APP submits that thrust of accusation is against the petitioner.

Considering the nature of accusation, period under custody and the fact that the investigation has already been concluded, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM-X, Chapra, District-Saran in connection with Khaira P.S. Case No. 271 of 2018.

(Dinesh Kumar Singh, J) Amrendra/- U T