← Library
Patna High CourtCR. MISC./68318/2023allowed

Tabrez Alam v. The State Of Bihar

2023-12-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68318 of 2023 Arising Out of PS. Case No.-142 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== TABREZ ALAM SON OF SK. DAHARI @ SHEIKH DAHARI RESIDENT OF VILLAGE - NAUTANWA, POLICE STATION SHIKARPUR, DISTRICT - WEST CHAMPARAN ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SUBUK KEYAS KHATOON WIFE OF TABREZ ALAM PRESENTLY RESIDING AT VILLAGE - BHOGARI, DAUGHTER OF SK. GAYANNUDIN, POLICE STATION - MAJHAULIIYA, DISTRICT - WEST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 498(A), 406, 34 the Indian Penal Code and Section 3/4 of the D.P. Act.

3. The prosecution case, in brief, is that earlier the marriage of the informant was solemnized with the petitioner and the petitioner along with co-accused used to torture the informant mentally and physically due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.68318 of 2023(3) dt.01-12-2023 2/2 petitioner is innocent and has committed no offence. The petitioner is husband of the informant due to which he has falsely been implicated in the present case. He has never demanded dowry from the informant and still ready to keep his wife/informant with full dignity and honour. It is further submitted that the petitioner has got no criminal antecedent and he is languishing in judicial custody since 3.7.2023.

5. Learned APP appearing for the state has 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 custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Majhauliya P.S. Case No. 142 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran. (Sunil Kumar Panwar, J) Amandeep/- U T