Patna High CourtCR. MISC./17783/2019allowed

Md. Naushad Alam @ Md. Naushad @ Guddu @ Naushad v. The State Of Bihar

2019-03-26Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17783 of 2019 Arising Out of PS. Case No.-1274 Year-2018 Thana- BIHTA District- Patna ====================================================== MD. NAUSHAD ALAM @ MD. NAUSHAD @ GUDDU @ NAUSHAD Son of Neshar Alam @ Md. Nesar Ahmad Resident of Village - Katesar, P.S.- Bihta in the district of Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mrs.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-03-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Bihta PS Case No.1274 of 2018 for the alleged offence punishable under Sections 341, 342, 323, 324, 307, 498(A), 379/34 of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act.

Learned counsel representing the petitioner submits that in the instant case marriage had taken place in the year 2010 and alleged incident has occurred in the year 2018. He submits that in view of the above, allegation under Section 498A IPC and Section 3/ 4 of the Dowry Prohibition Act is not attracted.

Patna High Court CR. MISC. No.17783 of 2019(2) dt.26-03-2019 2/2 On instruction, he further submits that petitioner is the husband and he is ready to keep his wife with full honour and dignity. Petitioner is in custody since 19.12.2018.

Considering the fact that petitioner is the husband and on remand he is in custody since 19.12.2018 as also the statement made at the bar on instruction that he is ready to keep his wife with full honour and dignity, the Court is inclined to grant bail to the petitioner. The application is allowed. Accordingly, let the petitioner above-named, 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 Addl. Chief Judicial Magistrate-I, Danapur, Patna in connection with Bihta PS Case No. 1274 of 2018. (Anil Kumar Upadhyay, J) mrl./- U T