Patna High CourtCR. MISC./26545/2024bail granted

Md. Ejaz v. The State Of Bihar

2024-08-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26545 of 2024 Arising Out of PS. Case No.-133 Year-2023 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== Md. Ejaz @ Md. Ejaj S/o- Mr. Md. Islam R/o Vill- Akbarpur, P.S.- Ashok Paper Mill, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vaishnavi Singh, Adv.

For the Informant :

Mr. Pranav Kumar,Adv.

Mr. Rajeev Ranjan No.-II, Adv.

For the Opposite Party/s :

Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-08-2024 Heard learned counsel for the petitioner and learned counsel for the the informant as well as learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with A.P.M. (Pator O.P.) P.S. Case No. 133 of 2023 dated 23.07.2023 registered for the offence/s punishable u/ss 498A, 304B read with section 34 of the Indian Penal Code and section 3⁄4 of the Dowry Prohibition Act.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have killed the informant's daughter due to non-fulfillment of demand of a motorcycle and Rs. 50,000/- as dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.26545 of 2024(3) dt.27-08-2024 2/2 case. The petitioner is the husband of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. There is general and omnibus allegation against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.08.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Darbhanga in connection with A.P.M. (Pator O.P.) P.S. Case No. 133 of 2023, with the condition-:

(i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T