Md. Amiruddin @ Amiruddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38488 of 2023 Arising Out of PS. Case No.-47 Year-2021 Thana- MAHILA PS District- Darbhanga ====================================================== Md. Amiruddin @ Amiruddin Son Of Abdul Sattar Resident Of East 16/ 44, Gali No 2, Gulabo Wali Gali, Govind Garh, PS Prasad Nagar, New Delhi ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rukaiya Khatoon Wife Of Md. Amiruddin @ Amiruddin Resident Of Village - Bharwara, Pathan Toli, Near Jama Masjid , Ps- Singhwara, DistDarbhanga ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anjum Perveen For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody in a case registered for the offences punishable under Sections 498(A), 313, 323, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The accusation is of torture for non-fulfillment of the dowry demand and assault due to which three months pregnancy of the informant got terminated.
Patna High Court CR. MISC. No.38488 of 2023(2) dt.24-06-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is husband of the informant. There is general and omnibus allegation against the petitioner. The petitioner is ready to keep the informant as wife with full dignity and honour, though statement to that effect has not been made in the petition. The petitioner is languishing in custody since 09.04.2023.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Darbhanga in connection with Mahila P.S. Case No. 47 of 2021.
The petitioner will give an undertaking at the time of furnishing bail bonds that he will keep the informant as wife with full dignity and honour and shall
Patna High Court CR. MISC. No.38488 of 2023(2) dt.24-06-2023 3/3 not commit any kind of torture or assault against the informant in future.
(Sunil Kumar Panwar, J) Shageer/- U T