Asgar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45608 of 2022 Arising Out of PS. Case No.-38 Year-2022 Thana- MANJHAGARH District- Gopalganj ====================================================== ASGAR ALI S/o Idris Miya Resident of Village - Manjhagarh, P.s.- Manjhagarh, District - Gopalganj.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Harendra Prasad For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Manjhagarh P.S. Case No. 38 of 2022, registered for the offences punishable under Sections 341, 323, 498(A), 379 and 494 of I.P.C. and 3/4 of D.P. Act. As per allegation, the informant Gajala Praveen was married to the petitioner in the year 2019. The petitioner and his family members subjected her to cruelty for non-fulfillment of dowry demand of Rs.1,00,000/- cash and one Apache

Patna High Court CR. MISC. No.45608 of 2022(2) dt.30-11-2022 2/3 motorcycle. Ultimately, they drove her out from her matrimonial house after keeping her belongings.

The learned counsel for the petitioner has submitted that the entire allegation is false. The petitioner is still ready to keep his wife with full dignity and honour, but she is not willing to reside with the petitioner. By drawing my attention towards Annexure- 2, the learned counsel for the petitioner has submitted that the informant herself has written a letter, in which she has mentioned that she with her own sweet will had gone from the house of the petitioner. She has also mentioned that the petitioner is free to solemnize his second marriage. The learned counsel for the petitioner has also submitted that the petitioner is under custody since 16.05.2022. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.

10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Gopalganj in connection with Manjhagarh P.S. Case No. 38 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

Patna High Court CR. MISC. No.45608 of 2022(2) dt.30-11-2022 3/3 (ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) kundan/-Mahesh U T