Md. Zahid Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40218 of 2023 Arising Out of PS. Case No.-244 Year-2022 Thana- KHARIK District- Bhagalpur ====================================================== MD. ZAHID ALAM Son of Md. Safiur Rahman Resident of Village - Sahidganj, P.S.- Bhawanipur, District - Purnea. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Massoma Khatun Daughter of Md. Taslim Ansari Wife of Zahid Alam, Resident of Village - Mirzafri, P.S.- Kharik, District - Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Arun Kumar ====================================================== 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 Kharik P.S. Case No. 244 of 2022 dated 15.10.2022 registered for the offences punishable under Sections 498A read with 34 of the Indian Penal Code and Sections 3 / 4 of the Dowry and Prohibition Act. As per the prosecution case, the petitioner and the coaccused persons are alleged to have assaulted and tortured the

Patna High Court CR. MISC. No.40218 of 2023(2) dt.28-06-2023 2/2 informant for the demand of dowry.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is husband of the informant. The petitioner neither demanded dowry nor assaulted the informant. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 14.04.2023. 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, Naugachhia, Bhagalpur in connection with Kharik P.S. Case No. 244 of 2022.

The application stands allowed.

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