Md. Khurshid Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27812 of 2017 Arising Out of PS.Case No. -198 Year- 2016 Thana -BELAGANJ District- GAYA ====================================================== Md. Khurshid Alam, S/o Md. Jamal Mian, R/o Village- Azad Nagar Rewara, P.S.- Belaganj, District- Gaya.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Najani Khatoon, W/o Md. Khurshid Alam, R/o Village- Azad Nagar Rewara, P.S.- Belaganj, District- Gaya.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Navin Kumar, Advocate.

For the Opposite Parties : Mr. Nityanand Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-06-2017 Heard both sides.

The petitioner seeks bail in Belaganj P.S. Case No. 198 of 2016 registered for the offences punishable under Sections 498A and 323 of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act.

The wife of the petitioner made allegation of demand of dowry and torture against the petitioner. Learned counsel for the petitioner submits that omnibus and general allegation is made. The wife lodged the case but she did not even state any incident particularly when the petitioner subjected her to physical and mental torture. The petitioner is ready to keep his wife. On the other hand learned counsel for the informant

Patna High Court Cr.Misc. No.27812 of 2017 (2) dt.29-06-2017 2/2 vehemently opposed the prayer for bail and submitted that the petitioner had already solemnized second marriage. It appears that the informant did not make any specific allegation of assault against the petitioner. The petitioner is in jail since 17.04.2017. The petitioner being the husband has already remained in jail for more than two months.

Considering the facts aforesaid the petitioner above named is directed to 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 learned Chief Judicial Magistrate, Gaya in Belaganj P.S. Case No. 198 of 2016.

(Prabhat Kumar Jha, J.) KKSINHA/- U T