Matloob Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50806 of 2023 Arising Out of PS. Case No.-64 Year-2020 Thana- PATNA CITY CHOWK District- Patna ====================================================== Matloob Ansari Son Oflate Md. Nasim Ahmad Mohalla- Shah Fasahat Ka Maidan Ps- Chowk Dist- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nikhat Parveen wife of Matloob Ansari Mohalla- Shah Fasahat ka maidan Ps- Chowk Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Shekhar Sharma For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 498(A), 323, 504 and 506 of the Indian Penal Code and Section 3/4 of D.P. Act.

3. Allegation against the petitioner is that he used to torture, assault and try to kill his wife(informant). It is further alleged that the petitioner had illicit relation with another lady and also he demanded five lakhs rupees from the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is the husband of the informant due to which he has

Patna High Court CR. MISC. No.50806 of 2023(2) dt.25-08-2023 2/2 falsely been implicated in this case. It is further submitted that the petitioner never tortured and demanded any money from the informant. It is also submitted that the both parties had solemnized marriage in the year 2020 so, the Section 3/4 of D.P. Act is not made out against the petitioner. The allegation against the petitioner is false and baseless. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 17.01.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chowk P.S. Case No. 64 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patna City.

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