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Patna High CourtCR. MISC./43510/2023allowed

Md Javed @ Javed v. The State Of Bihar

2023-07-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43510 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- MAHILA PS District- Gaya ====================================================== Md Javed @ Javed S/O Md. Yusuf R/O Village- Khandail, Ps. Sherghati, Dist. Gaya ... ... Petitioner/s

Versus

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Priya Ranjan For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 376, 493, 498A, 504, 506 and 34 of the Indian Penal Code. Allegation against the petitioner is that he established physical relationship with the informant(victim) on the pretext of solemnization of marriage. It is further alleged that petitioner along with his family members also demanded 20 lakh in cash and a car.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that good sense has been prevailed between both the parties and in

Patna High Court CR. MISC. No.43510 of 2023(2) dt.21-07-2023 2/2 support of this, compromise petition has been annexed in this petition as Annexure-3. It is also submitted that the petitioner and informant solemnized marriage and both are leading a conjugal life. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 07.04.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahila P.S. Case No. 04 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Gaya.

(Sunil Kumar Panwar, J) shubham/- U T