Khursed Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34309 of 2021 Arising Out of PS. Case No.-223 Year-2020 Thana- JOGAPATTI District- West Champaran ====================================================== KHURSED ALAM S/o Samsudin Miyan Resident of Rampurva, Patkhuli, P.S.- Yogapatti, District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Munni Khatun D/o Rahish Ansari R/o village- Sonebarsha Nankar, P.S.- Yogapatti, District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Gupta, Adv.

For the Opposite Party/s :

APP For the Informant : Mr. Umesh Chandra Verma, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-12-2021 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no.2 who appears suo moto.

The petitioner has preferred this application for grant of regular bail in a case registered under section 498A and other sections of the Indian Penal Code.

As per the prosecution case, the accused persons including the petitioner herein are stated to have physically and mentally tortured the opposite party no.2.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case only for the reason that he happens to be the husband of the

Patna High Court CR. MISC. No.34309 of 2021(2) dt.23-12-2021 2/2 informant. The allegations are false and concocted. The petitioner is in custody since 11.8.2020 and has no criminal antecedent.

Heard learned A.P.P. for the State and learned counsel for the opposite party no.2-informant. It is submitted by learned counsel for the informant that besides the petitioner being the husband of the informant, there is direct allegation against him in the F.I.R..

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner having remained in custody for 1 year 4 months and the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Yogapatti P.S. Case no.223 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran, Bettiah.

(Partha Sarthy, J) Saurabh/- U T