Md. Shahanwaj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76549 of 2023 Arising Out of PS. Case No.-214 Year-2021 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Md. Shahanwaj Alam Son Of Md. Allaudin R/O Village- Chak Daraga, P.S.- Singhwara, Dist.- Darbhanga, Bihar ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Tajmeen Pravin Wife Of Md. Shahanwaj Alam R/O Village- Chak Daraga, P.S.- Singhwara, Dist.- Darbhanga, Bihar Present Address - D/O Md. Sufi, R/O Village- Rajwan, P.S.- Bisfi, Dist.- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramchandra Jha Raman, Adv.

For the State :

Mr. Anil Kumar Singh No. 1, APP For the Opposite party No. 2 :

Mr. Soban Asghar, Adv.

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

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 498A of the Indian Penal Code.

3. As per prosecution case, the complainant was married with the petitioner on 30.08.2018 and she went to her in-law's house, where she lived peacefully. Thereafter, it is alleged that she was given physical tortured and the petitioner asked her to get Rs. 2 lacs from her father and started torturing the complainant. It is further alleged that the accused no. 4 and 5

Patna High Court CR. MISC. No.76549 of 2023(2) dt.01-12-2023 2/3 outraged the modesty to the complainant and snatched her gold ornaments.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is the husband of the complainant and he neither tortured the informant, nor demanded dowry from her. Petitioner is ready to keep his wife (complainant) with full dignity and honour. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 17.07.2023.

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 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 ACJM-1st Benipatti, Madhubani in connection with Madhubani Complaint Case P.S. Case No. 214 of 2021.

7. The trial Court is directed to make effort to settle

Patna High Court CR. MISC. No.76549 of 2023(2) dt.01-12-2023 3/3 the dispute between the parties because the complainant has appeared before this Court and submitted that she is ready to live with her husband.

(Sunil Kumar Panwar, J) Arish/- U T