Md. Kaushar Ali v. Farzana Khatoon

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10862 of 2020 Arising Out of PS. Case No.-302 Year-2016 Thana- MAHILA P.S. District- Bhojpur ====================================================== MD. KAUSHAR ALI Son of Gayasudeen, R/o Vill Pandura Rampur, P.S.- Sandesh, Dist.- Bhojpur.

... ... Petitioner/s

Versus

1.

FARZANA KHATOON Wife of Kaushar Ali, Daughter of Abdul Hamid, Resident of Village - Barahbatra, P.S.- Ara Nagar, Dist. - Bhojpur. 2.

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-03-2020 Heard both sides.

Petitioner seeks bail in Mahila P.S. Case No.302 of 2016 registered under Sections 341, 323, 498A, 504 and 34 of the IPC and under Sections 3 and 4 of the Dowry Prohibition Act.

The informant (wife of the petitioner) alleged that the petitioner with his family members subjected her to all sorts of torture and they also physically assaulted her and drove her out from the house.

Learned counsel for the petitioner submits that the petitioner is of course the husband of the informant but the petitioner is innocent. The wife of the petitioner does not want

Patna High Court CR. MISC. No.10862 of 2020(2) dt.02-03-2020 2/2 to live with the petitioner and she voluntarily left the house of the petitioner. The petitioner is in jail since 03.01.2020. Having considered the facts and the nature of allegation made against the petitioner and the fact that the petitioner being the husband of the informant has already remained in jail for more than two months, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M., Ara or concerned Court in connection with Mahila P.S. Case No.302 of 2016.

(Prabhat Kumar Jha, J) Harish/- U T