Jakaullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22731 of 2022 Arising Out of PS. Case No.-355 Year-2021 Thana- GHORASAHAN District- East Champaran ====================================================== Jakaullah S/o Md. Oliullah Resident of Village- Shekh Toli Laukhan, P.S.- Ghorasahan, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Soni Khatoon W/o Jakaullah Resident of Village- Shekh Toli Laukhan, P.S.- Ghorasahan, District- East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Adv.

For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Ghorasahan P.S. Case No. 355 of 2021 lodged under Sections 341, 342, 323, 307, 313, 498(A), 406, 504, 34 of the Indian Penal Code read with Section 3/4 of the Dowry Prohibition Act. The prosecution story is relating primarily under Section 498-A of I.P.C. with dowry demand as well as with other sections.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.22731 of 2022(3) dt.11-08-2022 2/3 petitioner is husband and he is ready to keep his wife with due respect. He further submits that wife has been made Opposite Party No.2 in this case but he simultaneously mentioned that from the impugned order, it is very much clear that mediation was failed on the ground that the petitioner has solemnized another marriage with some other woman in addition to the informant and it is due to this reason she has flatly refused to live with the petitioner, as such no purpose shall be solved to issue notice upon Opposite Party No.2. He further submits that petitioner is in custody since 30.09.2021, chargesheet has already been filed and petitioner having clean antecedent. He also submits that as per his knowledge the charge has already been framed and trial has commenced and petitioner had already continued more than 10 months in judicial custody. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sikrahana at Dhaka, East Champaran in connection with Ghorasahan P.S. Case No. 355 of

Patna High Court CR. MISC. No.22731 of 2022(3) dt.11-08-2022 3/3 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T