Md. Shahjahan Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45288 of 2023 Arising Out of PS. Case No.-1 Year-2022 Thana- MAHILA THANA District- Begusarai ====================================================== Md. Shahjahan Alam S/O Md. Shakil R/O Village- Sakarpura, Ward No. 20, Ps. Bakhri, Dist. Begusarai ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Sonia Khatoon W/O Md. Shahjahan Alam, D/O Md. Mokhtar R/O VillagePawada, Ps. Cheriya Bariyarpur, Dist. Begusarai ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prerna Anand For the State :
Mr.Mukesh Kumar Singh For the Informant/s :
Mr. Sandeep Kumar.
:
Mr. Ajay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 498(A), 504/34 of the Indian Penal Code and sections 3/4 of the D.P. Act.
3. The prosecution case, in brief, is that earlier the marriage of the informant was solemnized with the petitioner and the petitioner along with co-accused used to torture the informant mentally and physically due to non-fulfillment of dowry demand of Rs. Two lakhs along with one motorcycle
Patna High Court CR. MISC. No.45288 of 2023(2) dt.28-07-2023 2/3 and also assaulted her.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the informant due to which he has falsely been implicated in the present case. He has never demanded dowry from the informant and still ready to keep his wife/informant with full dignity and honour. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 6.7.2022.
5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.
6. 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. 01 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Begusarai.
7. Learned Court below is directed to make efforts
Patna High Court CR. MISC. No.45288 of 2023(2) dt.28-07-2023 3/3 to settle the dispute which has arisen between the petitioner and the informant.
(Sunil Kumar Panwar, J) Amandeep/- U T