Najabuddin Mansuri @ Najibuddin Mansuri @ Najamuddin Mansuri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31228 of 2024 Arising Out of PS. Case No.-614 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Najabuddin Mansuri @ Najibuddin Mansuri @ Najamuddin Mansuri Son of Navershul Miya @ Navershul Mansuri Resident of Village- Mujan, P.S.- Mohania, District- Bhabua at Kaimur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sakina Khatoon W/o Najabuddin Mansuri @ Najibuddin Mansuri, D/o Nasruddin Mansuri R/o Village- Mujan, P.S.- Mohania, District- Bhabua at Kaimur, At present R/o Village- Varadi, P.S.- Aagrer, Dist.- Rohtas (Sasaram) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Seth For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mohaniya P.S. Case No. 614 of 2023 instituted for the offences punishable under Sections 341, 323, 504, 498(A)/34 of the IPC and Sections 3/4 of the D.P. Act.

3. As per prosecution case, the informant was married with the petitioner two years ago and she went to her in-law's house, where she lived peacefully. Thereafter, it is alleged that she was given physical torture for dowry demand and the informant went back to her parent's house and thereafter the

Patna High Court CR. MISC. No.31228 of 2024(2) dt.24-04-2024 2/3 petitioner married with another lady and when the informant visited her Sasural then the petitioner kicked her out from matrimonial house.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is the husband of the informant and he neither tortured the informant, nor demanded dowry from her. Petitioner is ready to keep his wife (informant) with full dignity and honour. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 17.10.2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mohaniya P.S. Case No. 614 of 2023, Subject to following condition: (i) Petitioner is directed to keep his wife (informant)

Patna High Court CR. MISC. No.31228 of 2024(2) dt.24-04-2024 3/3 with full dignity and honour, if the petitioner repeats the same offence, the prosecution will be at liberty to move for cancellation of bail to the petitioner.

(Rudra Prakash Mishra, J) Arish/- U T