Md. Imtiyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73274 of 2022 Arising Out of PS. Case No.-271 Year-2022 Thana- SULTANGANJ District- Patna ====================================================== Md. Imtiyaz Son Of Md. Akbar R/O Mohalla- Jala Gali (Umradaraj Lane), Bahait House, Lady Katra, P.S.- Khajekala, District- Patna R/O VillageKhajurbana, P.S.- Sultanganj, District- Patna, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Singh For the Informant/s :

Mr. Rajiv Ranjan For the State :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 304(B), 34 of the Indian Penal Code.

The prosecution case, in brief, is that the petitioner along with his family members used to torture and assault the informant's daughter. Thereafter, her daughter was killed by the accused persons due to non-fulfillment of dowry demand. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is elder brother of the husband of the deceased due to which he has falsely been implicated in the present case. The

Patna High Court CR. MISC. No.73274 of 2022(2) dt.20-03-2023 2/2 petitioner has no concern mess and business of the deceased as well as her husband and lives separately from them. It is further submitted that the husband of the petitioner is already in custody upon whom, it was his responsibility to keep his wife well. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 16.8.2022. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

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 Sultanganj P.S. Case No. 271 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 S.D.J.M., Patna City. (Sunil Kumar Panwar, J) Amandeep/- U T