Imran Siddique v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76956 of 2023 Arising Out of PS. Case No.-431 Year-2022 Thana- TARAIYA District- Saran ====================================================== Imran Siddique S/O Sheikh Samad Ali Village- Makhdumpur, Near Masjid, Ps. Bhagwanpur Hat, Dist. Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nagma Khatoon W/O Imran Siddiqui, D/O Md. Mushtaque VillageMakhdumpur, Near Masjid, Ps. Bhagwanpur Hat, Dist. Siwan. At Present Residing At Chhota Gandhi Pur, Ps. Taraiya, Dist. Saran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Mishra For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 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 341, 323, 498A/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

3. As per prosecution case, the informant was solemnized marriage with the petitioner five years ago and out of the wedlock she gave birth to three children. It is further alleged that the petitioner and his family members started pressurizing the informant to bring two lakh rupees from her maike so that a vehicle could be purchased but the informant

Patna High Court CR. MISC. No.76956 of 2023(2) dt.04-12-2023 2/3 and her family members were unable to arrange the aforesaid demand then the accused persons including the petitioner assaulted the informant, her children and the mother-in-law caused her burn injuries at several places of her body by some kitchen utensil and in the morning, they forcibly took the informant and left her in near her maike.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is the husband of the victim. The petitioner and his family members have never demanded any money from the informant as dowry rather they kept the informant with full honour and dignity. He submitted that earlier the petitioner was granted provisional bail by the learned Court below for a period of three months upon assurance of the petitioner that he will keep the informant with full honour and dignity and the petitioner was keeping the informant with himself with full honour and dignity but she with distorted facts filed an application before the learned Court below regarding ill treatment by the petitioner upon which, the provisional bail granted to the petitioner was cancelled by the Court below. The petitioner has never misbehaved with the informant and the allegation that he

Patna High Court CR. MISC. No.76956 of 2023(2) dt.04-12-2023 3/3 committed marpit with her is false and concocted. He is languishing in judicial custody since 17.08.2023.

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 A.C.J.M., Saran/ Court concerned in connection with Taraiya P.S. Case No. 431 of 2022. (Sunil Kumar Panwar, J) Arish/- U T