Md. Islam @ Aslam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60816 of 2023 Arising Out of PS. Case No.-181 Year-2021 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== MD. ISLAM @ ASLAM Son of Mojebul Kujra R/o vill - Lakhnaur, P.S. - Lakhnaur, Distt. - Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Khairul Nisha D/o Md. Subhan R/o vill - Berma, ward no. 3, P.S. - Lakhnaur, Distt. - Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 324, 354(B), 325, 379, 498(A), 494, 504, 506/34 of the Indian Penal Code and section 3/4 of the Dowry Act.

As per allegation in the FIR, petitioner is husband of the informant and he has tortured his wife ,even if in pregnancy stage he has not cared her. It is further alleged that in connivance with other accused the accused persons

Patna High Court CR. MISC. No.60816 of 2023(2) dt.15-09-2023 2/3 killed her child in a conspired manner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the informant and has been falsely implicated in this case. Prior to lodging the present case, there is no complain in respect of torture or harassment by any one at her matrimonial home. He has neither demanded any thing from the informant nor tortured his wife ever before. Prior to the alleged incident, there is no complain in respect of torture or harassment by any one at her matrimonial home.

Petitioner is still ready to keep his wife with full honour and dignity. Petitioner is languishing in judicial custody since 8.6.2023.

Learned counsel appearing for the informant has also stated the informant also want to lead the conjugal life with the petitioner.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail as petitioner is ready to keep hia. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of

Patna High Court CR. MISC. No.60816 of 2023(2) dt.15-09-2023 3/3 Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Jhajharpur Madhubani in connection with Complaint Case No. 181 of 2021.

(Sunil Kumar Panwar, J) sushma/- U