Sheikh Munna @ Munna Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63677 of 2022 Arising Out of PS. Case No.-272 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== SHEIKH MUNNA @ MUNNA ALAM S/O Sheikh Rais @ Rais Alam R/O Village- Rupwaliya Bazar, P.S- Shikarpur, District- West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shabana Khatoon W/O Sheikh Munna @ Munna Alam, D/O Sheikh Musa R/O Village- Rupwaliya, P.S- Shikarpur, District- West Champaran, At present R/O Barwa Kala, P.S- Sathi, District- West Champaran At present R/O Barwa Kala, P.S- Sathi, District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the State :
Mr. Anil Kumar Singh No. 1, APP For the informant :
Mr. Abjeet Gautam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-04-2023
1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner has preferred this application for grant of regular bail in connection with Shikarpur P.S. Case no. 272 of 2022 registered under sections 498A, 354B, 341, 323, 504 and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.
3. As per the prosecution case, the informant who was married to the petitioner was tortured and assaulted by the petitioner. The other accused persons also joined hands with the petitioner in torturing her.
4. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.63677 of 2022(2) dt.29-04-2023 2/2 that the petitioner has been falsely implicated in the case. The case being one primarily under section 498A of the Indian Penal Code, the petitioner who has no criminal antecedent has remained in custody for eight months since 8.8.2022 and investigation in the case has concluded.
5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation, the case being one primarily under section 498A of the Indian Penal Code, the petitioner who has no criminal antecedent having remained in custody for eight months since 8.8.2022 and investigation in the case having concluded, the Court directs the petitioner to be enlarged on bail in connection with Shikarpur P.S. Case no. 272 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M, Bettiah, West Champaran. (Partha Sarthy, J) Prakash/- U T