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Patna High CourtCR. MISC./82774/2023allowed

Md. Kadir @ Abdul Kadir v. The State Of Bihar

2024-01-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82774 of 2023 Arising Out of PS. Case No.-79 Year-2021 Thana- BENIPATTI District- Madhubani ====================================================== MD. KADIR @ ABDUL KADIR S/O MD. HASIM RESIDENT OF VILLAGE DAMU, P.S.- BASOPATTI, DIT.- MADHUBANI ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

REHANA KHATOON WIFE OF MD. SAJID, D/O SAFIUR RAHMAN RESIDENT OF VILLAGE- SONHAULI, POLICE STATION- BENIPATTI, DIST.- MADHUBANI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhavesh Kumar Sah, Adv.

For the Opposite Party/s :

Mr.Madan Kumar, APP For the Informant :

Mr.Gautam, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. 2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 498(A), 504, 506, 34 of the IPC and 3⁄4 of D.P. Act.

3.

Allegedly, all the F.I.R. named accused persons including the petitioner used to torture the informant over dowry demand. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather

Patna High Court CR. MISC. No.82774 of 2023(2) dt.05-01-2024 2/2 general and omnibus in nature. Petitioner is the brother-in-law of the informant and he is living separately from the business and mess of the husband of the informant. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Benipatti P.S. Case No.79/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T