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Patna High CourtCR. MISC./76972/2023bail granted

Ajaj Ahmad @ Ajaj Alam v. The State Of Bihar

2024-01-02Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76972 of 2023 Arising Out of PS. Case No.-119 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== Ajaj Ahmad @ Ajaj Alam Son Of Sheikh Jokhu Resident Of Village - Gurchurwa, P.S. - Majhauliya, District - West Champaran ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Afsana Khatoon Wife Of Ajaj Ahmad @ Ajaj Alam, D/O. Md. Aslam Resident Of Village - Gurchurwa, P.S. - Majhauliya, District - West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gauri Shankar Thakur, Adv For the Opposite Party/s :

Mr.Umanath MIshra, APP For the Informant Mr. Ramadya Singh, Adv Mr. Shailesh Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The Petitioner is apprehending his arrest in connection with Majhauliya P.S. Case No. 119 of 2023 registered for the offences punishable under Sections 147, 148, 149, 341, 343, 498A, 504, 307, 506 of the Indian Penal Code and section 3⁄4 of the Dowry Prohibition Act.

4. As per the prosecution case, the petitioner and the

Patna High Court CR. MISC. No.76972 of 2023(2) dt.02-01-2024 2/3 co-accused persons are alleged to have tortured the complainant mentally and physically and tried to set her on fire due to non fulfillment of the demand of 5 katha land and one Tractor as dowry.

5. Learned cousnel for the petitioner has submitted that the petitioners are innocent and have falsely been implicated in this case. The informant and the petitioner both belongs to the same village and the petitioner is ready to keep the informant as wife with full honour and dignity. The petitioner is husband of the complainant and he never demanded any dowry nor tortured her. The petitioner has clean antecedent.

6. Learned A.P.P for the State has opposed the prayer for anticipatory bail of the petitioner

7. Considering the aforesaid facts and circumstances of the case as well as submission of the parties, let the above named petitioners, in the event of their arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, be released on anticipatory bail on furnishing bail bonds of Rs 10,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Bettiah, West Champaran in Majhauliya

Patna High Court CR. MISC. No.76972 of 2023(2) dt.02-01-2024 3/3 P.S. Case No. 119 of 2023, subject to condition as laid down under Section 438(2) of the Cr.P.C with further conditions;-

8. " The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled". (Chandra Prakash Singh, J) N.K/- U T