Javed Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1146 of 2023 Arising Out of PS. Case No.-414 Year-2018 Thana- BANIAPUR District- Saran ====================================================== JAVED AKHTAR SON OF LATE ASHIK MIYAN R/O VILLAGEPAIGAMBARPUR, CHHOTA CHOUK, KURAISHI TOLA, P.S.- BANIYAPUR, DISTRICT- SARAN ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SANJIDA KHATUN WIFE OF JAVED AKHTAR, D/O GALIB HUSSAIN AT PRESENT R/O VILLAGE- DURGAPATTI, P.S.- BANIYAPUR, DISTRICT- SARAN ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 323, 307, 326, 498(A), 379/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with his family members has tortured the informant in various ways due to non-fulfillment dowry demand and ultimately they ousted her after snatching her belongings. It is further alleged that they tried to set her on fire.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the informant. He has

Patna High Court CR. MISC. No.1146 of 2023(3) dt.17-05-2023 2/2 been falsely implicated in this case. Their marriage was solemnized in the year 2011 and out of the said wedlock they are blessed with two children. General and omnibus allegations have been levelled against the petitioner. Petitioner has no criminal antecedent and he is languishing in judicial custody since 15.09.2022.

The application for bail is opposed by learned APP for the State and submitted that petitioner is husband of the deceased and he has sole responsibility to take care of his wife. Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Additional Sessions Judge XIII, Saran at Chapra in connection with Baniyapur P.S. Case No. 414 of 2018.

(Sunil Kumar Panwar, J) sushma/- U