Md. Abdullah @ Prawej Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66766 of 2019 Arising Out of PS. Case No.-163 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== MD. ABDULLAH @ PRAWEJ ALAM, aged about 28 years, Male, Son of Anisul Azam @ Biral Sah, Resident of Village - Deurwa Dewraj, P.S.- Lauriya, Distt.- West Champaran.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Bimlesh Kumar Pandey, Advocate.

For the Opposite Party :

Mr.Amit Kumar Rakesh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 448, 363, 366, 494, 498(A), 120(B), 379 of the IPC and 3⁄4 of the D.P. Act.

The prosecution story, in brief, is that the daughter of the informant Marjina Khatoon was married with Md. Abdullah @ Md. Prawej Alam (petitioner) on 20.05.2017 and she blessed with one girl child. The petitioner and his relatives started demanding Rs. 5,00,000/- as dowry and committed mental and physical torture. The petitioner again performed marriage with his cousin, namely, Safiya Soni and the accused persons started creating pressure upon the informant's daughter to perform

Patna High Court CR. MISC. No.66766 of 2019(2) dt.22-10-2019 2/3 marriage with Yusuf Shah and when his daughter did not agree they started committing torture. Accused persons ousted the informant's daughter from her matrimonial house and she was residing for four months at informant's place. It is further alleged that at 4.00 P.M. on 15.02.2019 the informant's daughter went for medicine and did not return. On search, it was learnt that all the accused persons have kidnapped the informant's daughter and her grand-daughter. On enquiry being made, accused persons came to the informant's house, assaulted and took articles worth Rs. 2,00,000/-.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 20.08.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner happens to be the first husband of the victim. The victim has been recovered and examined under Section 164 of Cr. P.C. She has performed second marriage with the brother of this petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let

Patna High Court CR. MISC. No.66766 of 2019(2) dt.22-10-2019 3/3 the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Bettiah, West Champaran, in connection with Bettiah Town P.S. Case No. 163 of 2019.

(Sudhir Singh, J) U.K./- U T