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Patna High CourtCR. MISC./9761/2023bail granted

Md. Khurshid @ Md. Khurshid Alam v. The State Of Bihar

2023-05-12Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9761 of 2023 Arising Out of PS. Case No.-50 Year-2021 Thana- TARAPUR District- Munger ====================================================== MD. KHURSHID @ MD. KHURSHID ALAM Son of Md. Shakil Resident of village - Milki Ara, P.S.- Ara Town, District - Bhojpur. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Rizwana Khatoon Wife of Md. Khurshid @ Md. Khurshid Alam Daughter of Md. Ful Hasan, Resident of village - Lakhanpur, P.S.- Tarapur, District - Munger.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under sections 498A/34 and other allied sections of the Indian Penal Code and sections 3 & 4 of the Dowry Prohibition Act.

As per the prosecution case, petitioner along with other family members committed torture on the informant due to non-fulfilment of dowry demand.

Learned counsel appearing for the petitioner while denying the allegations, submits that the petitioner has falsely been implicated in this case because he is husband of the victim. However, he is ready to keep the victim to her matrimonial house with honour and dignity. The case is triable

Patna High Court CR. MISC. No.9761 of 2023(2) dt.12-05-2023 2/2 by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. Petitioner has got clean antecedent.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let this petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Munger in Tarapur Police Station Case No. 50 of 2021, subject to the conditions laid down under section 438 of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T