Md. Wasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16245 of 2024 Arising Out of PS. Case No.-76 Year-2023 Thana- MAHILA PS District- Darbhanga ====================================================== Md. Wasim SON OF WASIUL HAQUE @ WASIBUL HAQUE RESIDENT OF VILLAGE- BHERWA TOLI, PS- SAKRI, DISTT- MADHUBANI ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

SANA PARVEEN WIFE OF MD. WASIM RESIDENT OF VILLAGEFATEHPUR PO- NEHRA, PS- MANIGACHHI, DIST- DARBHANGA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Iqbal Asif Niazi, Adv.

For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mahila P.S. Case No. 76 of 2023 dated 23.08.2023 registered for the offences punishable u/ss 498A, 313, 323, 379, 506 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant mentally and physically due to non-fulfillment of demand of Rs. 5,00,000/- as dowry and ousted her from the matrimonial home.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.16245 of 2024(3) dt.07-05-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the husband of the informant and he has no concern with the alleged offence. There is general and omnibus allegation against the petitioner. The petitioner neither demanded any dowry nor tortured the informant. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.12.2023. A supplementary affidavit has been filed on behalf of the petitioner stating that the case has been compromised between the parties.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bailbond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Darbhanga in connection with Mahila P.S. Case No. 76 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T