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Patna High CourtCR. MISC./8388/2021allowed

Md. Jamal v. The State Of Bihar

2022-04-07Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8388 of 2021 Arising Out of PS. Case No.-101 Year-2020 Thana- KADWA District- Katihar ====================================================== 1.

MD. JAMAL Son of Late md. Najmul @ Md. Najimul @ Najibul Resident of village- Singlapur, Police Station - Kadwa, District- Katihar. 2.

MD MAHBOOB @ MAHBUB ALAM Son of Late Md. Najmul @ Md. Najimul @ Najibul Resident of village- Singlapur, Police Station - Kadwa, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Prasad Sah For the Opposite Party/s :

Mr. SURESH PRASAD SAH @ BARANWAL Mr. VINOD SHANKER MODI ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-04-2022 Heard learned counsel for the petitioners and learned counsels for the opposite party.

The petitioners apprehend their arrest in connection with Kadwa P.S. Case No. 101 of 2020 registered under Sections 341, 323, 498A, 365, 504 and 506/34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. Further submission is that the victim lady in her statement recorded under Section 164 of Cr.P.C. stated that she has married with one Nayeem and has been living with him and she also stated that she does not want

Patna High Court CR. MISC. No.8388 of 2021(5) dt.07-04-2022 2/2 to proceed with the case, as stated in supplementary affidavit. Further he submits that petitioners have no criminal history. Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the S.D.J.M., Katihar in connection with Kadwa P.S. Case No. 101 of 2020, subject to the condition as laid down under Section 438(2) of the Cr. P.C. utkarsh/- (Arvind Srivastava, J) U T