Md. Imtiyaz @ Nadim @ Md. Intaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42543 of 2022 Arising Out of PS. Case No.-222 Year-2021 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Md. Imtiyaz @ Nadim @ Md. Intaz S/O Md. Alam Resident Of Sabdah, P.S.- Falka, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with K. Nagar (Champanagar) P.S. Case No. 222 of 2021 registered under sections 498(A), 304(B) and 34 of the Indian Penal Code. It is a case of dowry death of the informant's daughter due to non-fulfillment of dowry demand by the accused persons. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the deceased due which he has falsely been implicated in this present case. It is further submitted that the FIR has been lodged about eleven months delay from the date of occurrence and the daughter of the informant (deceased) died at her paternal house, not at the house of her matrimonial

Patna High Court CR. MISC. No.42543 of 2022(4) dt.06-02-2023 2/2 house. There is no prior complaint in respect of torture, misbehave and assault against the petitioner. She herself committed suicide because there is no direct and consistent evidence against the petitioner. After completion of the investigation, chargesheet has been framed under Section 306 of the IPC. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. The petitioner is languishing in judicial custody since 06.04.2022. The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with K. Nagar (Champanagar) P.S. Case No. 222 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of C.J.M., Purnia. (Sunil Kumar Panwar, J) shubham/- U T