Patna High CourtCR. MISC./19753/2021bail granted

Shahabuddin v. The State Of Bihar

2021-11-15Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19753 of 2021 Arising Out of PS. Case No.-61 Year-2020 Thana- MAHILA PS District- East Champaran ====================================================== SHAHABUDDIN Son of Jahir Mian Resident of Village- Sugauli Amir Khan Tola, P.S.- Sugauli, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-11-2021 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned counsel for the informant as well as learned A.P.P. for the State.

The petitioner seeks bail in connection with Mahila P.S. Case No. 61 of 2020 for the offence under Sections 498A, 379, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

According to the prosecution, the informant is subjected to assault and torture on non-fulfillment of the demand of dowry.

Patna High Court CR. MISC. No.19753 of 2021(2) dt.15-11-2021 2/2 Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner happens to be the husband of the informant and no specific allegation of assault or demand of dowry is attributed to him. The petitioner is rotting in judicial custody since 08.12.2020.

Learned counsel for the informant has opposed the prayer for bail of this petitioner.

Considering the facts and circumstances of the case, 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 Sub- Divisional Judicial Magistrate, Sadar, East Champarn at Motihari in connection with Mahila P.S. Case No. 61 of 2020.

(Rajesh Kumar Verma, J) braj/- U T