Patna High CourtCR. MISC./62911/2023allowed

Md. Rauf @ Md. Rahup v. The State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62911 of 2023 Arising Out of PS. Case No.-140 Year-2023 Thana- MANIHARI District- Katihar ====================================================== 1.

Md. Rauf @ Md. Rahup S/O Md. Ghison R/O Village- Narayanpur, P.SManihari, Distt.- Katihar. 2.

Md. Wakil S/O Md. Ghison R/O Village- Narayanpur, P.S- Manihari, Distt.- Katihar.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghvendra Kumar Singh For the Opposite Party/s :

Mr.Murli Dhar For the Informant : Mr. Muszoir : Anup Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023

1. Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 325, 307, 498A, 504, 506/34 of the IPC.

3. As per prosecution case, the informant alleged that the petitioners used to torture her due to non-fulfillment of dowry demand. It is further alleged that petitioner No-1 and coaccused persons assaulted family members of the informant and petitioner No-2 snatched away Rs. 700/- from her mother.

4. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. The

Patna High Court CR. MISC. No.62911 of 2023(2) dt.22-09-2023 2/2 petitioners are in-laws of the informant due to which they have falsely been implicated in this present case. The petitioners have no concern mess and business of the informant as well as her husband and were living separately from them. There is no specific allegation levelled against the petitioners. It is further submitted that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 01.07.2023.

5. Learned APP appearing for the state and learned counsel for the informant 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 judicial custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Manihari P.S. Case No. 140 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

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