Md. Afroz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78893 of 2024 Arising Out of PS. Case No.-668 Year-2022 Thana- GAYA KOTWALI District- Gaya ====================================================== Md. Afroz S/O Md. Mokhtar R/O Village- Orimore Lal Tower, P.S.- Anpara, Distt- Sonbhadra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satrudhan Kumar For the Opposite Party/s :
Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-12-2024
1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of regular bail, arises out of Gaya Kotwali Police Station Case No. 668 of 2022 dated 22.10.2022, disclosing offences under Sections 498(A), 341, 323, 366, 379, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry prohibition Act.
3. As per prosecution case, in short that the informant was married with Md. Afroz on 27.02.2022. Several ornaments, utensils, and six lakh rupees were given at the time of marriage. After few months of marriage, her husband and in-laws started torturing her and demanded Rs. 5 lakh from the informant. Later on, the petitioner married his wife's sister/Hena Praveen.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.78893 of 2024(2) dt.06-12-2024 2/3 petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case based on false and concocted story. There is no evidence against the petitioner. Other co-accused persons namely Mohd. Pappu has been granted anticipatory bail by this Court in Cr. Misc. No. 32931/2024 vide order dated 02.08.2024 and Munni Khatoon Khatun, Bittu Praveen have been granted anticipatory bail by this Court in Cr. Misc. No. 49699/2023 vide order dated 16.08.2023.
5. Regards being had to the submissions made by the parties and taking into consideration the fact that petitioner is having no criminal antecedent and other co-accused persons have been granted bail by this Court, I am inclined to grant regular bail to the petitioner.
6. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned Additional Sessions Judge-9th, Gaya Session, in connection to the Gaya Kotwali Police Station Case No. 668 of 2022 dated 22.10.2022, disclosing offences under Sections 498(A), 341, 323, 366, 379, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry prohibition Act.
Patna High Court CR. MISC. No.78893 of 2024(2) dt.06-12-2024 3/3
7. This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Anil Kumar Sinha, J) HarshPandey/- U T