Wasim Akram @ Md. Wasim Rayeen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8115 of 2022 Arising Out of PS. Case No.-62 Year-2021 Thana- MAHILA P.S. District- Kaimur (Bhabua) ====================================================== WASIM AKRAM @ MD. WASIM RAYEEN Son of Md. Nasim Rayeen Resident of Village - Bhabua Ward No. 18, P.S. - Bhabua, District - kaimur at Bhabua. At present address Bhabua Ward No. 12 as renter in the House of Krishna Singh, P.S. - Bhabua, P.O. - Bhabua, District - Kaimur at Bhabua. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Vinod Kumar Seth Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

11-04-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Sections 498(A), 323, 341, 406, 504, 34 of the Indian Penal Code.

As per the prosecution case, this petitioner alongwith other co-accused persons committed torture and harassment to the informant due to non-fulfillment of demand of dowry and it is further alleged that in the month of December, 2020, they ousted the informant from her matrimonial home by snatching her valuable articles.

Petitioner denies the allegation and submits that he has already filed a petition under Section 281 of the Muslim Act for restitution of conjugal live, which is pending before learned Principal Judge, Family Court, Kaimur at Bhabhua, vide Case

Patna High Court CR. MISC. No.8115 of 2022(2) dt.11-04-2022 2/2 No. 190 of 2021 and after coming to know about aforesaid case, the informant has lodged this false case. It is submitted that petitioner is ready to keep the informant, as his wife, with full honour and dignity. Petitioner has got clean antecedent and he is in custody since 24.12.2021.

Learned counsel for the State and the Informant have opposed the bail petition. Learned counsel for the informant / complainant submits that the informant is not ready to live with the petitioner and wants maintenance for her livelihood. Considering the fact that petitioner is ready to keep the informant with full respect and honour, for which, a case for restitution has already been filed by him before the learned court below, the prayer for bail of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned I/c S.D.J.M., Kaimur at Bhabhua in connection with Mahila (Bhabua) P.S. Case No. 62 of 2021.

(Prabhat Kumar Singh, J) anay/- U T