Md. Asraf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21968 of 2023 Arising Out of PS. Case No.-529 Year-2020 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== MD. ASRAF S/O LATE MD. IDRISH Resident of Village- Noon ka Chauraha, P.S.- Khajekalan, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

TABASSUM PRAVEEN W/O MD. ASRAF Resident of Village- Noon ka Chauraha, Gulshan Haidari, P.S.- Khajekalan, District- Patna, Present Address D/o Md. Javed Resident of Mohalla- Dargah Road Chauraha, P.S.- Sultanganj, P.O.- Mahendru, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-04-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Complaint Case No.529 of 2020 registered for the offences punishable under Sections 498A/34 of the Indian Penal Code and Section 4 of Dowry Prohibition Act.

3.

The main submissions advanced by the learned counsel for the petitioner are that the instant matter is based on complaint filed by the wife of this petitioner and after the filing of the said complaint the complainant filed Sultanganj P.S. Case No.123 of 2021 with the same allegation levelled by her in the complaint and in the said P.S. case the petitioner has

Patna High Court CR. MISC. No.21968 of 2023(2) dt.29-04-2023 2/2 been granted anticipatory bail by this Court vide order passed in Cr. Misc. No.55727 of 2021 and the petitioner is paying Rs.5,000/- every month to his wife in the light of direction given by this Court in the said order of anticipatory bail. Further submissions are that after getting the knowledge of the said police case, the petitioner filed a petition before the trial Court under Section 210 of Cr.P.C. to amalgamate both the cases filed by the complainant and after considering his prayer the trial Court has directed to run both the cases jointly in view of the provisions of Section 210 of Cr.P.C. and in the present matter the petitioner has been languishing in jail since 07.01.2023. 4.

Learned APP appearing for the State has opposed the bail prayer.

5.

Considering the above submissions, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released 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 concerned Court in connection with Complaint Case No.529 of 2020.

(Shailendra Singh, J) sangam/- U T