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Patna High CourtCR. MISC./61061/2022bail granted

Md Rizwan v. The State Of Bihar

2023-02-17Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61061 of 2022 Arising Out of PS. Case No.-871 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== MD RIZWAN SON OF MD NIZAM Resident of Village- Maripur, P.S.- Maniyari, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SHABANA KHATUN W/O MD RIZWAN, D/O MD. ISLAM Resident of Village- Maripur Silaut, P.S.- Maniyari, District- Muzaffarpur presently residing at Kanhauli Azarkawe, P.S.- Mithanpura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Manoj, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-02-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Muzaffarpur Complaint Case No. 871 of 2018 registered under Sections 147, 323, 379 and 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that prior to filing of this case, the father of the petitioner lodged a case bearing Maniyari P.S. Case No. 143 of 2018 against the one Manish Kumar @ Lala, who is the second husband of the

Patna High Court CR. MISC. No.61061 of 2022(3) dt.17-02-2023 2/2 opposite party no. 2/complainant saying that complainant is living with him as husband and wife, as contained in Annexure2 to the bail petition. He also submits that petitioner has got no criminal antecedent.

Having considered the facts and circumstances of the case, let the above named petitioner 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 Sub-Divisional Judicial Magistrate (West), Muzaffarpur in connection with Muzaffarpur Complaint Case No. 871 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. utkarsh/- (Arvind Srivastava, J) U T