Sagir Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13741 of 2023 Arising Out of PS. Case No.-87 Year-2022 Thana- HASANGANJ District- Katihar ====================================================== Sagir Hussain Son Of Altaf Hussain R/O Village- Dhokhardah, P.S.- Hasanganj, District- Katihar ... ... Petitioner/s

Versus

1.

The State Of Bihar Bihar 2.

Nasima Khatoon Wife Of Sagir Hussai, D/O Abdul Hamid R/O VillageSonapur, P.S.- Kodha, District- Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Sharma For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 498A/34 of the IPC and Section 3⁄4 of the Dowry Prohibition Act It is a case of cruelty due to non-fulfillment of dowry demand, after that FIR has been lodged against the petitioner along with co-accused persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the informant due to which he has

Patna High Court CR. MISC. No.13741 of 2023(2) dt.05-05-2023 2/2 falsely been implicated in this case. There is no prior complaint of torture or dowry demand leveled against the petitioner and no consistent evidence found against him. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 05.12.2022.

Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hasanganj P.S. Case No. 87 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Katihar. (Sunil Kumar Panwar, J) Manish/- U T