Patna High CourtCR. MISC./35796/2021bail rejected

Md. Faizuddin @ Faizuddin @ Fuzuddin v. The State Of Bihar

2021-09-16Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35796 of 2021 Arising Out of PS. Case No.-241 Year-2020 Thana- AAJAM NAGAR District- Katihar ====================================================== MD. FAIZUDDIN @ FAIZUDDIN @ FUZUDDIN S/o Abdul Samad Resident of Radhikapur, P.S. - Harishchandrapur, District - Malda (West Bengal).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-09-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 341, 323, 307, 498A of the Indian Penal Code and u/s 3⁄4 of Dowry Prohibition Act. As per the prosecution case, this petitioner, who happens to be husband of victim, along with other accused persons, subjected the victim to torture for non-fulfillment of demand of dowry, assaulted her and ousted her from the house. Learned counsel appearing for the petitioner submits that petitioner is ready to keep his wife with full honour and dignity and he never tortured or assaulted his wife. It is submitted that for the occurrence dated 14.09.2020 the FIR was lodged on 15.10.2020 without any explanation for such delay.

Patna High Court CR. MISC. No.35796 of 2021(2) dt.16-09-2021 2/2 Petitioner claims clean antecedent and is in custody since 26.01.2021 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail and submits that there is direct and specific allegation against this petitioner that he assaulted his wife and the doctor found as many as 14 injuries on the person of victim. Considering the facts of the case and the nature of accusation, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) BKS/- U T