Israfil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8337 of 2023 Arising Out of PS. Case No.-561 Year-2022 Thana- JOKIHAT District- Araria ====================================================== ISRAFIL S/O LATE IBRAHIM Resident of Village- Kujri, P.S.- Palasi, District- Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

BIBI SHAHJARA D/O KAFIL, W/O ISRAFIL Resident of VillageKarahban, Ward No.- 11, P.S.- Jakihat, District- Araria. .. ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 354B), 379, 498(A)/34 of the Indian Penal Code and Section 3/4 of the D.P. Act.

The prosecution case, in brief, is that earlier the marriage of the informant was solemnized with the petitioner and the petitioner along with co-accused used to torture the informant mentally and physically due to non-fulfillment of dowry demand of Rs. one lakhs and also assaulted her.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the informant due to which he has falsely

Patna High Court CR. MISC. No.8337 of 2023(2) dt.02-05-2023 2/2 been implicated in the present case. He has never demanded dowry from the informant and still ready to keep his wife/informant with full dignity and honour. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 13.11.2022. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jokihat P.S. Case No. 561 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria.

Learned trial court is directed to make effort for settling the dispute which arouse between the parties. (Sunil Kumar Panwar, J) Amandeep/- U T