Eid Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37579 of 2022 Arising Out of PS. Case No.-163 Year-2022 Thana- MANJHI District- Saran ====================================================== EID MOHAMMAD SON OF ANWAR ALI RESIDENT OF VILLAGEARANDA HASANPURA, P.S.- M.H. NAGAR, DISTRICT- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anjani Parashar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-09-2022 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 a case registered under sections 498A, 323 and 379 of the Indian Penal Code.

As per the prosecution case, marriage of the informant was solemnized with the petitioner as per Islamic rites and custom. After marriage the petitioner and the co-accused persons used to torture the informant for Rs. 2 lacs as dowry. On 01.01.2022, the petitioner and co-accused persons in connivance with one another ousted the informant from the matrimonial house after snatching her jewellery and cloths worth Rs.

Patna High Court CR. MISC. No.37579 of 2022(2) dt.29-09-2022 2/2 2,20,000.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is the husband of the informant. There is general and omnibus allegation against the petitioner. The petitioner has not demanded any kind of dowry from the informant. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 14.05.2022.

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 detention, the petitioner abovenamed, 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, Saran at Chapra in connection with Manjhi P.S. Case No. 163 of 2022.

The application stands allowed.

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