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Patna High CourtCR. MISC./15981/2023allowed

Saddam Hussain v. The State Of Bihar

2023-05-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15981 of 2023 Arising Out of PS. Case No.-172 Year-2022 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Saddam Hussain Son Of Salahuddin Ansari R/O Village- Kara, Near Panchayat Bhawan, P.O.- Kara, P.S.- Obra, District- Aurangabad ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Saiesta Bano Wife Of Saddam Hussain R/O Village- Kara, Near Panchayat Bhawan, P.S.- Obra, District- Aurangabad And Daughter Of Abdul Ajij, C/O Md. Khurshid Ansari, R/O Mohalla- Nawadih Idagah, Ward No.-20, P.S.- Town, District- Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rupa Kumari For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 498(A), 323, 342, 379, 380, 504 of the Indian Penal Code and Section 3/4 of D.P. ACt but the cognizance has been taken u/s 498A of the IPC.

The prosecution case, in brief, is that earlier the marriage of the complainant was solemnized with the petitioner and the petitioner along with co-accused used to torture the informant mentally and physically due to non-fulfillment of dowry demand of Rs. Two lakhs and also assaulted her.

Patna High Court CR. MISC. No.15981 of 2023(2) dt.10-05-2023 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the complainant due to which he has falsely been implicated in the present case. He has never demanded dowry from the informant and still ready to keep his wife/complainant with full dignity and honour. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 18.1.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Complaint case no. 172 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 J.M. 2nd Class, Aurangabad. (Sunil Kumar Panwar, J) Amandeep/- U T