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Patna High CourtCR. MISC./42294/2019bail granted

Nazam Laheri @ Neejam Laheri @ Nazamuddin v. The State Of Bihar

2019-07-16Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42294 of 2019 Arising Out of PS. Case No.-1420 Year-2018 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== NAZAM LAHERI @ NEEJAM LAHERI @ NAZAMUDDIN, Son of Noor Mohammad Laheri @ Noor Mohammad, Resident of Village - Narkatiya, P.S.- Sonbarsa, District- Sitamarhi ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Shabana Khatoon, Wife of Nazam Laheri @ Neejam Laheri @ Nazamuddin, D/O- Abbash Laheri Resident of Village - Narkatiya, P.S.- Sonbarsa, District- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shankar Kumar, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP Mr. Jawed Gaffar Khan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 16-07-2019 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the Opposite Party No.2.

Petitioner seeks bail in Complaint Case No.C-1/1420 of 2018 instituted for the offence under Section(s) 498-A/34 Indian Penal Code.

It is alleged in the Complaint Petition that Complainant was married with the petitioner on 25.03.2018 according to Muslims rites and customs. She was subjected to cruelty for demand of dowry and, ultimately, ousted from the matrimonial house.

Counsel for the petitioner submits that father of the

Patna High Court CR. MISC. No.42294 of 2019(2) dt.16-07-2019 2/2 petitioner has given Informatory Petition prior to filing of the instant case vide Informatory Petition No.392 of 2018 before the Chief Judicial Magistrate, Sitamarhi. Instant case has been filed as counter blast to save his skin. It is further submitted that from perusal of Nikahnama produced by the Complainant, it will be revealed that there is no signature of father of the petitioner. It is further submitted that petitioner is already married to one Sadina Khatoon in the year 2017 and he has one daughter out of the wedlock. Petitioner has been falsely implicated in this case due to village politics. From the Complaint Petition, it will appear that both the parties were knowing each other from long time.

Petitioner is in custody since 21.05.2019.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SDJM, Sadar, Sitamarhi, in connection with Complaint Case No. C-1/1420 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T