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Patna High CourtCR. MISC./55882/2023allowed

Parvez Alam v. The State Of Bihar

2023-08-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55882 of 2023 Arising Out of PS. Case No.-335 Year-2022 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== PARVEZ ALAM son of Late Mubarak Hussain Mohalla- Rajahat Road, Mahmadi Colony Karim Chowk, Ps- Chapra Town Dist- Saran at Chapra ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nazara Tabassum wife of Parvez Alam Mohalla- Rajahat Road Mahmadi Colony, Karim Chowk Ps- Chapra Town Dist- Saran at Chapra at present Village- Gaura Ps- andar Dist- Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Binod Singh For the Opposite Party/s :

Mr.Shyam Bihari Singh For the Complainant :

Mr. Rananjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner, learned counsel for the complainant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 323, 379, 504, 498(A)/34 of the Indian Penal Code.

3. As per prosecution case, the complainant alleged that her second marriage was solemnized with the petitioner thereafter the petitioner along with his family members used to harass and torture her due to non-fulfillment of dowry demand.

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

Patna High Court CR. MISC. No.55882 of 2023(2) dt.31-08-2023 2/2 falsely been implicated in this case. The petitioner denied about marriage with the complainant. The complainant has also not produced any documentary proof which suggests that marriage between the petitioner and complainant was ever solemnized, this fact is mentioned in para-9 of the petition. The entire prosecution is false & fabricated. It is further submitted that the petitioner is languishing in judicial custody since 3.6.2023.

5. Learned APP appearing for the state and learned counsel for the complainant have vehemently 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. 335 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M-IInd Saran at Chhapra.

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