Md. Salauddin Sheikh @ Ashique v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51945 of 2023 Arising Out of PS. Case No.-91 Year-2017 Thana- MAHILA PS District- Darbhanga ====================================================== MD. SALAUDDIN SHEIKH @ ASHIQUE Son of Mintu Sheikh@ Mahaveer Mandal Resident of Village-Ramaul, P.S.-Kamtaul, DistrictDarbhanga ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Gulnaj Fatima Wife Of Md. Salauddin Sheikh @ Ashique Resident Of Village-Ramaul, P.S.-Kantoul, District-Darbhanga, Daughter Of Abdul Subha Sabri, Village-Simari, Riyasat, Tol, P.S.-Rajnagar, District-Madhubani ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Prakash Mr. Gagan Dev Yadav Mr.Rajesh Kumar For the Opposite Party/s :
Mr.Md. Ataur Rahman For the Informant : Mr. Bimal Kumar Mr. Sunny Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 323, 341, 498A 34 of the Indian Penal Code and Section 3⁄4 of D.P. Act and Section 8/12 of the POCSO Act.
As per prosecution case, it is a case of cruelty to the informant due to non-fulfillment of dowry demand and the petitioner is alleged to husband of the informant. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.51945 of 2023(2) dt.25-08-2023 2/2 petitioner is innocent and has committed no offence. The petitioner is fourth husband of the informant and due to money dispute he has falsely been implicated in this cas. The petitioner is ready to keep his wife with proper honour and dignity and he has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 26.04.2023. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.
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 Mahila P.S. Case No. 91 of 2017 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., Darbhanga.
(Sunil Kumar Panwar, J) Manishkumar/- U T