Saddam @ Md. Saddam Hussan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37489 of 2023 Arising Out of PS. Case No.-70 Year-2022 Thana- THAKURGANJ District- Kishanganj ====================================================== SADDAM @ MD. SADDAM HUSSAN Son of Fakhruddin Resident of village - Kheriya Dharamkata, P.S. - Kodha, Distt. - Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Kulsum Khatoon Wife of Saddam @ Md. Saddam Hussan and D/o Mehmud Resident of village - Basir Nagar, P.S. - Thakurganj, Distt. - Kishanganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dilip Kumar Singh For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== 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 Thakurganj P.S. Case No. 70 of 2022 dated 9.4.2022 registered for the offences punishable u/s 323, 498A, 313, 504/34 of the Indian Penal Code and Sections 3/4 of the D.P. Act.

As per the prosecution case, the petitioner and the other co-accused persons are alleged to have assaulted and tortured the informant due to non-fulfilment of demand of dowry. Further, the accused persons administered medicine for

Patna High Court CR. MISC. No.37489 of 2023(2) dt.28-06-2023 2/2 miscarriage of the informant.

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. The petitioner neither demanded dowry nor tortured the informant. The petitioner is the husband of the informant. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.1.2023. 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 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, Kishanganj in connection with Thakurganj P.S. Case No. 70 of 2022.

The application stands allowed.

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