Md. Eaklakh @ Md. Eakhlakh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30089 of 2023 Arising Out of PS. Case No.-872 Year-2022 Thana- SUPAUL District- Supaul ====================================================== Md. Eaklakh @ Md. Eakhlakh Son of Md. Majlum R/O-Chainsinghpatti, P.S.- Supaul, Distt.-Supaul ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Najmun Khatoon Wife of Md. Eaklakh @ Md. Eakhlakh R/OChainsinghpatti, Ward No. 07, P.S.-Suapul, Distt.-Supaul ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Patla Kumari, Advocate For the Opposite Party/s :
Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Supaul P.S. Case No. 872 of 2022 registered for the offence under Sections 341, 323, 354-B, 379, 498-A, 504, 506, 34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. The accused/petitioner is named in the F.I.R. and is in custody since 22.11.2022.
The allegation against this petitioner is to commit cruelty upon the informant/wife due to non-fulfillment of
Patna High Court CR. MISC. No.30089 of 2023(3) dt.27-06-2023 2/3 demand of dowry as raised for cash of Rs. 2 lacs with further allegation of physical assault on regular basis available against this petitioner and also alleged to solemnize his second marriage.
Learned counsel appearing on behalf of the petitioner submitted that petitioner is ready to keep informant with all respect and dignity. It is submitted that the personal law of petitioner is permitting to keep second wife legally without getting dissolve the marriage with first wife. It is further submitted that out of normal matrimonial discord, the present case was lodged on the instance of parents of informant, where petitioner is of no fault. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, and by taking note of the fact and nature of allegation, where charge-sheet has already submitted and petitioner is in custody since 22.11.2022, accordingly the petitioner, above named, is directed to be released on bail in connection with
Patna High Court CR. MISC. No.30089 of 2023(3) dt.27-06-2023 3/3 Supaul P.S. Case No. 872 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate Supaul/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T