Patna High CourtCR. MISC./40251/2023bail granted

Md Sharif v. The State Of Bihar

2023-07-28Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40251 of 2023 Arising Out of PS. Case No.-552 Year-2022 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Md Sharif, son of Md. Idrish Resident of Village- Bhanpur, Police StationBabubarhi, District- Madhubani ... ... Petitioner/s

Versus

The State of Bihar 2.

Farhat Saba Wife of Md. Danish Shekh Resident of Village- Bhanpur, P.S.- Babubarhi, District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Soban Asghar, Advocate.

For the Opposite Party/s :

Mr.Manoj Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-07-2023 Heard Mr. Md. Soban Asghar, learned counsel appearing on behalf of the petitioner and Mr. Manoj Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with C.R. No. 552 of 2022 registered for the offence punishable under Sections 341, 333, 379, 498(A), 376 and 511 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. As per the complaint, petitioner along with his son and other family members had demanded dowry and due to nonfulfillment of the same, the complainant was subjected to various sorts of torture and ultimately she was kicked out of her matrimonial house. The petitioner who is the father-in-law of the victim has also tried to commit rape upon her.

Patna High Court CR. MISC. No.40251 of 2023(2) dt.28-07-2023 2/2

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and no such occurrence as alleged ever took place. He is the father-in-law of the victim and he has no concern with the matrimonial relationship of his son and the complainant, though he had tried to resolve their matrimonial dispute. Petitioner has clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with C.R. No. 552 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) mantreshwar/- U T