Md. Tabrej Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43188 of 2021 Arising Out of PS. Case No.-209 Year-2020 Thana- SIKTI District- Araria ====================================================== Md. Tabrej Alam S/O Md. Jannat Alam R/O Village-Tappu Tola, Pipra, Ward No. 12, P.S.-Jogbani, District-Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

18-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Sikty (Bardaha) P.S. Case No. 209 of 2020 (G.R. No. 4378 of 2020), registered for the offence under Section 498(A), 307 & other allied sections of the Indian Penal Code and Section 3 / 4 of D.P.Act. As per the prosecution case, the allegation against this petitioner is that he committed cruelty against daughter of the informant due to non-fulfillment of demand of dowry. It is further alleged that petitioner also set the victim on fire, as a result of which, she sustained burn injury.

It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case and no demand of dowry was ever made. It is further submitted that the alleged

Patna High Court CR. MISC. No.43188 of 2021(2) dt.18-01-2022 2/2 occurrence took place on 11.12.2020, but F.I.R. has been lodged on 19.12.2020 and there is no explanation of delay. Petitioner is in custody since 20.12.2020.

However, learned A.P.P. for the State opposed the bail petition and submitted that there is specific allegation against the petitioner, who is husband of the victim (daughter of informant), of committing torture and setting the victim on fire, as a result of which, she sustained burn injury. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected.

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