Md Ishteyaq @ Md Ishteyaque @ Md Isateyak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72470 of 2021 Arising Out of PS. Case No.-7 Year-2021 Thana- MAHILA P.S. District- Sheohar ====================================================== MD ISHTEYAQ @ MD ISHTEYAQUE @ MD ISATEYAK Son of Md. Hamdullah @ Md. Hamdulla Resident of Village- Jhitakahi Tola Udai Chapra, P.S.- Phulkahan, Police Station- Shyampur Bhatanaha, DistrictSheohar. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Rahat Parveen W/o Md. Reyaz Resident of Village- Udai Chapra, P.O.- Phulkahan, P.S.- Shyampur Bhatanaha, District- Sheohar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nasim Yahya For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-04-2022 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 498A and other sections of the Indian Penal Code and under sections 3⁄4 of the Dowry Prohibition Act.

As per the prosecution case, petitioner committed rape on minor daughter of the informant aged about 16 years when she was alone in the house and when the matter came to the knowledge of the informant, on the request of the petitioner Panchayati was convened and thereafter on 23.3.2020 marriage of the victim was solemnized with the petitioner. Only after 2/3 days accused persons started subjecting her to cruelty and

Patna High Court CR. MISC. No.72470 of 2021(3) dt.28-04-2022 2/2 torture and on 3.3.2021 they even assaulted her causing fracture injury in the jaw.

Learned counsel for the petitioner submits that due to some family dispute, quarrel took place between the petitioner and the victim and there is no allegation of demand of dowry. petitioner is ready to keep the victim with honour and safety and he has also filed a petition before the Court below to this effect. Petitioner is in custody since 30.10.2021. Considering the aforesaid facts and circumstances of the case and the undertaking of the petitioner, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sheohar in Sheohar Mahila Police Station Case No. 07/2021. (Prabhat Kumar Singh, J) Shashi U T