Md. Subhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56679 of 2018 Arising Out of PS. Case No.-35 Year-2017 Thana- BIRPUR District- Supaul ====================================================== Md. Subhan, Son of Md. Mushaharu, Resident of Bhim Nagar, Ward No. 11, P.S.-Birpur, District - Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-01-2019 Heard learned counsels for the petitioner and the State.

The petitioner, being the husband of the informant, is languishing in custody since 25.06.2018 in a case registered for the offences punishable under Sections 341, 323, 379,498A and 504/34 of the IPC and Sections 3/4 of the Dowry Prohibition Act.

The prosecution case, as per the written report of Nuresha Khatoon, dated 27.02.2017, submitted to the Station House Officer, Birpur Police Station, is to the effect that the informant was married with the petitioner on 22.10.2016, but subsequent to the marriage, for non-fulfillment of the further dowry demand of Rs. 50,000/-, the informant was tortured by the petitioner and ultimately, on 02.02.2017, all the accused persons assaulted her

Patna High Court Cr.Misc. No.56679 of 2018(4) dt.24-01-2019 2/2 and after snatching her all belongings, drove her out from matrimonial house.

It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant and he is ready to keep her as wife with full dignity and honour, statement to that effect has been made in paragraph no. 11 of the petition:- "That, it is stated and submitted that the petitioner is ready to keep her wife with full dignity." Learned APP submits that thrust of accusation is against the petitioner.

Considering the nature of accusation, present stand of the petitioner and period under custody, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM, Birpur (Supaul) in connection with Birpur P.S. Case No. 35 of 2017.

(Dinesh Kumar Singh, J) Amrendra/- U T