S. K. Yusuf @ Mohammad Esuf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 44201 of 2023 Arising Out of PS. Case No.-22 Year-2023 Thana- ABADPUR District- Katihar ====================================================== S. K. YUSUF @ MOHAMMAD ESUF son of Mojibur Rahman villageDharampur Ps- Abadpur Dist- katihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Saguftara Praween D/o- Dham Mohamed R/o- Shohar Ps- Abadpur Distkatihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 376, 511, 498A, 323, 379, 313, 504/34 of the Indian Penal Code.

3. As per prosecution case, the informant was married with the petitioner in 4th March, 2021 and she went to her inlaw's house, where she lived peacefully. Thereafter, it is alleged that she was given physical tortured and the petitioner asked her to get Rs. 4 lacs from her father otherwise, she will be killed. It is further alleged that when informant's husband and his relatives had gone to attend a marriage ceremony then co-

Patna High Court CR. MISC. No. 44201 of 2023(2) dt.21-07-2023 2/3 accused Md. Akhtar tried to commit rape upon her. In August, 2022 when the complainant was pregnant of two months then her husband and her mother-in-law by hatching a conspiracy forcibly gave her a medicine due to which, she aborted and all the accused persons after assaulting her badly removed her from her matrimonial home.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is the husband of the informant and he neither tortured the informant, nor demanded dowry from her. Petitioner is ready to keep his wife (informant) with full dignity and honour. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 03.05.2023.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No. 44201 of 2023(2) dt.21-07-2023 3/3 satisfaction of the learned Court below in connection with Abadpur P.S. Case No. 22 of 2023.

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