Md. Habibur Rahman @ Habibur Rehman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16836 of 2024 Arising Out of PS. Case No.-248 Year-2023 Thana- MAHISHI District- Saharsa ====================================================== Md. Habibur Rahman @ Habibur Rehman son of Late Mojibur Rahman Village- Sorba PS- Mahishi District- Saharsa ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Yasmin Praveen D/o- md. Zaheer, Wife of Md. Habibur Rahman Vill- Sorba Ps- Mahishi Dist- Saharsa, D/o- Md. Zaheer Vill- Gajber Ps- Kusheshwar Asthan Dist- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Kumari Rashmi, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-03-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Mahishi P.S. Case no. 248 of 2023 registered under sections 307, 341, 323, 324, 498A, 494, 354B, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that she was married to the petitioner about 4 years ago according to Muslim rights and customs. The accused persons including the petitioner herein started to torture her for bringing cash to the tune of Rs.3 lakhs. She was physically and mentally tortured and also assaulted by her brother-in-law and father-inlaw.

Patna High Court CR. MISC. No.16836 of 2024(2) dt.14-03-2024 2/2

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case on account of being the husband of the informant. The allegations are false and concocted. The informant has been in the habit of lodging several cases against the petitioner and others. The petitioner is in custody since 30.10.2023 and chargesheet has been submitted in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the petitioner being in custody since 30.10.2023 and investigation in the case having concluded with submission of charge-sheet, the Court directs the petitioner to be enlarged on bail in connection with Mahishi P.S. Case no. 248 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Saharsa. (Partha Sarthy, J) Bibhash U T