Md Dilshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49743 of 2023 Arising Out of PS. Case No.-5 Year-2023 Thana- KEWATI District- Darbhanga ====================================================== Md Dilshad S/o Late Md Mosim Residence of Vill-Chirmara, P.S.-Keoti, Distt-Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kedar Jha For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 498A, 504, 34 of the Indian Penal Code and Section 3⁄4 of D.P. Act.

3. The prosecution case, in brief, is that earlier the marriage of the informant was solemnized with the petitioner 6 years ago and after marriage the petitioner along with coaccused used to torture the informant 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 petitioner is husband of the informant due to which he has falsely been implicated in the present case. He has never

Patna High Court CR. MISC. No.49743 of 2023(2) dt.11-08-2023 2/2 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 02.06.2023.

5. Learned APP appearing for the state and learned counsel for the informant have 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 Keoti P.S. Case No.5 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Darbhanga. (Sunil Kumar Panwar, J) lata/- U T