Najim Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41139 of 2024 Arising Out of PS. Case No.-55 Year-2023 Thana- SUHAIL District- Gaya ====================================================== Najim Miyan Son of Aajim Miyan R/O Vill.- Pokhari, Tara Nagar, P.S.- Sohail, Dist.- Gaya, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-09-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Suhail P.S. Case No. 55 of 2023 for the offences punishable under Sections 306/34 of the Indian Penal Code.

3. The allegation against the petitioner is that he along with other accused persons tortured the informant's daughter physically and mentally for non-fulfillment of demand of Rs. 3 lakhs as dowry, due to which, informant's daughter depressed and committed suicide.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that admittedly, the marriage of the petitioner was solemnized with the deceased 11 years

Patna High Court CR. MISC. No.41139 of 2024(4) dt.26-09-2024 2/2 prior to the occurrence. So the allegation of demand of a dowry is prima facie false. The couple had two sons and the independent witnesses in paragraph nos. 47 and 48 have stated that the petitioner was not present at his house when his wife (the deceased) had committed suicide. At that time, the petitioner was offering Namaj in Mosque. These witnesses have also stated that the couple were quarreling used to quarrel on trivial issues. The petitioner is a person of clean antecedent and is under custody since 29.12.2023.

5. On the other hand, the learned APP for the State has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sherghati, Gaya in connection with Suhail P.S. Case No. 55 of 2023, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) Nirmal/- U T