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Patna High CourtCR. MISC./44305/2023allowed

Md. Moim @ Md. Moem @ Md. Moyeen v. The State Of Bihar

2023-07-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44305 of 2023 Arising Out of PS. Case No.-964 Year-2020 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== MD. MOIM @ MD. MOEM @ MD. MOYEEN son of Md. Taslim VillagePothia Ps- Falka Dist- Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Ajmeri Khatoon wife of Md. Moim, D/o- Md. Mobin Village- Rajendra Park Dumaria Ps- Kursela Dist- katihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajendra Prasad Sah For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 498(A) of the Indian Penal Code and Section 4 of the D.P. Act.

3. As per prosecution case, the complainant was married with the petitioner in the year 2018, thereafter the accused persons started demanding of dowry and in consequence, thereof, they used to assault and torture her and drove her out 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

Patna High Court CR. MISC. No.44305 of 2023(2) dt.21-07-2023 2/2 committed no offence. Petitioner is the husband of the complainant and he is ready to keep his wife (complainant) with full honour and dignity. Petitioner is the only bread earner for his parents. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 03.04.2023.

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

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 satisfaction of the learned Court below in connection with Katihar Complainant Case P.S. Case No.964 of 2020. (Sunil Kumar Panwar, J) arish/- U T