Md Shahid @ Shahid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42088 of 2021 Arising Out of PS. Case No.-43 Year-2021 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== MD SHAHID @ SHAHID Son of Oasi Akhtar @ Vasi Akhatar, Resident of Village - Ajgarwa, P.S.- Banjariya, Distt.- East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar, Advocate For the informant :

Mr. Anang Mohan Sinha, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-02-2022 Heard Mr. Jitendra Kumar, learned counsel for the petitioner, Mr. Anang Mohan Sinha, learned counsel for the informant and Ms. Sharda Kumari, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Kundwa Chainpur P.S. Case No. 43 of 2021 registered for the offence punishable under Sections 498(A)/34 of the Indian Penal Code 1860 and Section 3/4 of Dowry Prohibition Act. The petitioner is husband of the informant and was married with her according to Muslim Rites and custom on 9.6.20219. The allegation as per the First Information Report is that at the time of marriage the father of the informant had given a lot of gift by way of gold and silver ornaments and other

Patna High Court CR. MISC. No.42088 of 2021(2) dt.01-02-2022 2/3 articles also. However, after marriage the petitioner started demanding dowry and due to non fulfillment of the dowry demand, the petitioner tortured the informant, physically and mentally.

Learned counsel for the petitioner submits that the allegation against the petitioner is completely false and concocted and he has not committed any offence in the manner alleged. He further submits that the allegation against the petitioner is general and omnibus in nature and he is ready and willing to keep the informant as his wife.

On the other hand, learned counsel for the informant submits that the informant/wife is not willing to live with the petitioner and on 2.3.2021 before the Panches, the petitioner had given assurance that he would give a sum of Rs.15,00,000/- to the informant and her family which was spent at the time of marriage by the informant side.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that allegation against the petitioner is general and omnibus in nature, he is ready and willing to keep his with will full dignity and care, the petitioner is in custody since 7.3.2021 and charge sheet has already been submitted, I am inclined to grant

Patna High Court CR. MISC. No.42088 of 2021(2) dt.01-02-2022 3/3 regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sikrahna at Dhaka, in connection with Kundwa Chainpur P.S. Case No. 43 of 2021.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T