Md Tabraj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62 of 2022 Arising Out of PS. Case No.-116 Year-2021 Thana- SABAUR District- Bhagalpur ====================================================== Md Tabraj, Son Of Md. Ganouri, Resident Of Village- Chhoti Jamin, P.SGoradiah, Dist- Bhagalpur ... ... Petitioner
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :
Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-05-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within two weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned A.P.P. for the State. The Petitioner in the present case is seeking regular bail in connection with Sabour (Goradiah) P.S. Case No. 116 of 2021 registered for the offences punishable under Sections 341, 323, 326, 307, 498(A), 504, 506 of the Indian Penal Code. He in custody since 24.04.2021. The petitioner has got no criminal antecedent.
Learned counsel for the petitioner submits that the allegation against the petitioner is that of torturing his wife for non-fulfillment of demand of dowry. It is also alleged that this petitioner had tried to burn the informant by pouring kerosene
Patna High Court CR. MISC. No.62 of 2022(2) dt.19-05-2022 2/3 oil on her as a result of which she suffered burnt injuries on her neck and stomach.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the present case arises out of a matrimonial dispute and now both the parties have resolved their disputes. The petitioner is in custody since 24.04.2021. Mr. Akhileshwar Dayal, learned APP for the State is present and has opposed the prayer for regular bail of the petitioner.
Having regard to the submission that the present case arises out of a matrimonial dispute, now both the parties have resolved their disputes and in support thereof an affidavit has been filed in the court of learned C.J.M. copy of which is enclosed as Annexure '2' to the present application, this Court directs release of the petitioner above named on provisional bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, XI, Bhagalpur in connection with Sabour (Goradiah) P.S. Case No. 116 of 2021, subject to the condition as laid down under Section 437 (3) Cr.P.C. and with direction to the learned court below
Patna High Court CR. MISC. No.62 of 2022(2) dt.19-05-2022 3/3 that within one month from the date of communication of this order and after release of the petitioner on bail, learned court below shall call upon the petitioner and his wife in Chambers and after confirmation that both the parties are living together, the bail bonds of the petitioner shall be confirmed. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.