Islam Shah @ Md. Islam Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25859 of 2020 Arising Out of PS. Case No.-424 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Islam Shah @ Md. Islam Shah, aged about 32 years, Male, S/o Md. Nasiruddin Shah @ Nasurudin Dewan, Resident of Village-Sagar Churaman, P.S.-Kesariya, District-East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Shayara Khatoon, aged 27 years, Female, Wife of Islam Shah @ Md. Islam Shah, D/o Late Hamid Shah, At present R/o Village-Warna Bansghat, P.S.- Baruraj, District-Muzaffarpur.

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

For the Petitioner/s :

Mr.Dhurendra Kumar For the Opposite Party/s :

Mr. B.M.P. Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-10-2020 Heard learned counsel for the petitioner and Mr. B.M.P. Sinha, learned Additional P.P. through video conferencing.

The petitioner seeks bail in Complaint Case No. C424 of 2018, for the offences allegedly committed by the petitioner under Section 498A of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act. The petitioner is the husband of the complainant. There is allegation that the petitioner subjected his wife to all sorts of physical and mental torture due to non-fulfillment of additional demand of dowry. It is submitted that the marriage of

Patna High Court CR. MISC. No.25859 of 2020(2) dt.13-10-2020 2/2 the petitioner was solemnized with the complainant in the year 2009. The complainant filed the complaint petition after nine years of the marriage. Omnibus and general allegation of demand of dowry and torture is made for that the petitioner is in custody since 24.01.2020. The petitioner has already remained in jail for about nine months.

Considering the facts aforesaid, petitioner, above named, is directed to 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 learned C.J.M., East Champaran, Motihari in connection with Complaint Case No. C-424 of 2018.

(Prabhat Kumar Jha, J) S.KUMAR/- U T