Md Faiyaz @ Rocky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55327 of 2023 Arising Out of PS. Case No.-161 Year-2019 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Md Faiyaz @ Rocky S/O Md. Reyaz @ Doman Miyan R/O Village- Mafi, Ps. Asthawan, Dist. Nalanda ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Maihar Parveen @ Rinky W/O Md. Faiyaz @ Rocky R/O Village- Mafi, Ps. Asthawan, Dist. Nalanda At Present Address- D/O- Salauddin Alam, Resident Of Mohalla- Mongal Kuan, Ps. Sohsarai, Dist. Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Purushotam Sharma, Advocate For the Complainant :

Mr. Jitendra Kumar, Informant For the Opposite Party/s :

Mr. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.

2. Heard learned counsel for the petitioner and learned counsel for the complainant as well as learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Complaint Case No. 161(C) of 2019 dated 22.02.2019 registered for the offences punishable u/ss 498A, 406, 379, 323, 120B and 504 read with section 34 of the Indian Penal Code in which cognizance has been taken under sections 323 and 498A read with section 34 of the Indian Penal Code .

4. As per the prosecution case, the petitioner and the co-

Patna High Court CR. MISC. No.55327 of 2023(2) dt.31-08-2023 2/2 accused persons are alleged to have tortured the complainant due to non-fulfillment of demand of Rs. 2 lakhs as dowry.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner neither demanded any dowry nor tortured the informant. There is general and omnibus allegation against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.05.2023.

6. Learned counsel for the complainant as well as learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bihar Sharif, Nalanda in connection with Complaint Case No. 161(C) of 2019.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T