Noor Kalam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66877 of 2023 Arising Out of PS. Case No.-05 Year-2023 Thana- MAHILA P.S. District- Kishanganj ====================================================== Noor Kalam Son Of Salam Resident Of Village- Baralaltoli, P.S.- Amour, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Radha Mohan Singh For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 498(A), 341, 324, 307, 504 and 506 of the Indian Penal Code.

3. As per prosecution case, the informant alleged that she solemnized marriage with this petitioner and he never took her to the matrimonial home. It is further alleged that on 08.02.2023 the petitioner came to her house and insisted her to go with him and the petitioner took a knife and cut her neck and fled away, due to which the informant sustained injury and she was taken to the hospital by her parents.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.66877 of 2023(4) dt.29-01-2024 2/2 committed no offence. From the perusal of the FIR, it appears that there is no dowry demand and cruelty upon the informant by the petitioner. Petitioner is the husband of the victim. During course of investigation, The I.O. has mentioned the injury report of the victim and the doctor has opined the injury was simple in nature caused by hard and sharp object. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 16.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Kishanganj in connection with Kishanganj (Mahila) P.S. Case No. 05 of 2023. (Sunil Kumar Panwar, J) Arish/- U T