Zeeshan Shamim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42919 of 2025 Arising Out of PS. Case No.-472 Year-2023 Thana- BAHADURPUR District- Patna ====================================================== Zeeshan Shamim S/o Late Shamim Ansari R/o New Azimabad Colony, Sector A, Sanichara Mandir, P.S. - Bahadurpur, Distt.- Patna, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sarwar Abdin S/o Mouinul Abdin R/o Sant Pol International School, Near Sanichara Mandir, P.S.- Bahadurpur, Distt.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mohammad Minnatullah, Adv.

For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP For the Informant/s :

Mr. Aditya Raman, Adv.

Mr. Alok Kumar Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-07-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bahadurpur P.S. Case No. 472 of 2023 dated 26.12.2023 registered for the offences punishable under Sections 341, 323, 498A read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant's daughter mentally and physically due to that she suffered two miscarriage. During her third pregnancy, the abuse and assault

Patna High Court CR. MISC. No.42919 of 2025(2) dt.10-07-2025 2/3 persisted, leading to a premature delivery in the seventh month. The child was critically ill and remained on life support for two months. Despite this, her husband allegedly removed the child's name from the hospital records, thereafter, the petitioner ousted the informant's daughter and her infant from the matrimonial home.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner who is the husband of the informant's daughter. As per the F.I.R., the petitioner neither demanded any dowry nor tortured the informant's daughter. The petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.03.2025.

5. Learned A.P.P. for the State and learned counsel for the informant have opposed the bail petition of the petitioner and submitted that the petitioner has committed excessive cruelty and inhumanely behaviour with the daughter of the informant.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-

Patna High Court CR. MISC. No.42919 of 2025(2) dt.10-07-2025 3/3 named, 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, Patna City, Patna in connection with Bahadurpur P.S. Case No. 472 of 2023.

7. The application stands allowed.

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