Md.Azim v. The State Of Bihar And Others

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48406 of 2023 Arising Out of PS. Case No.-1027 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== Md.Azim Son Of Md.Israfil Resident Of Village- Gokhalapur, PsNarpatganj, Distt- Araria ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Bibi Salina Khatoon Wife Of Md. Azim Resident Of Village- Gokhalapur, Ps- Narpatganj, Distt- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 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 498A, 379 of the Indian Penal Code.

3. The prosecution case, in brief, is that earlier the marriage of the informant was solemnized with the petitioner and the petitioner along with co-accused used to torture the complainant mentally and physically due to non-fulfillment of dowry demand and also assaulted her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The

Patna High Court CR. MISC. No.48406 of 2023(2) dt.04-08-2023 2/2 petitioner is husband of the complainant due to which he has falsely been implicated in the present case. He has never demanded dowry from the informant and still ready to keep his wife/informant with full dignity and honour. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 7.5.2023.

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 Complaint Case No. 1027C of 2018 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria.

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