Shah Pravej v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35694 of 2023 Arising Out of PS. Case No.-9 Year-2023 Thana- RAUTA District- Purnia ====================================================== SHAH PRAVEJ, Son of Late Amin Uddin, Residence of Arjunbhitta, P.S.- Rauta, District - Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Khushabu Aara Wife of Shah Pravej Daughter of Md. Kasim, Resident of Soupa Nihal, P.S.- Kochadhaman, District - Kishanganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar Agrawal,Advocate For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Rauta P.S. Case No. 09 of 2023 dated 22.01.2023 registered for the offences punishable u/s 498A read with Section 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act and Section 4 of the Muslim Women (Protection of Right on Marriage) Act.

As per the prosecution case, the petitioner and the coaccused persons are alleged to have tortured the informant mentally and physically due to non-fulfillment of demand of Bullet

Patna High Court CR. MISC. No.35694 of 2023(2) dt.28-06-2023 2/2 motorcycle as dowry and she was ousted from the matrimonial home.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. He has further submitted that the petitioner is neither demanded any dowry nor tortured the informant. The petitioner has got clean antecedent as stated in para 3 of the bail petition. He has further submitted that the petitioner is the husband of the informant who is in custody since 16.02.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Purnea in connection with Rauta P.S. Case No. 09 of 2023. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T