Mohammad Adil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78844 of 2025 Arising Out of PS. Case No.-58 Year-2025 Thana- MAHILA P.S. District- Bhojpur ====================================================== Mohammad Adil Son of Late Md. Sikandar Resident of Rajendra Nagar, Loha Patti, Balia, P.S.- Kotwali Nagar, District - Balia, State - Uttar Pradesh. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rukhsar Parween @ Rukhsana Parween Wife of Mohammad Adil Daughter of Md. Kalam, Resident of Dabour Gali, Khetadi Mohalla, Ward Number - 24, P.S.- Arah Nagar, District - Bhojpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mritunjay Kumar, Adv.

Mr. Anurag Rishu, Adv.

For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-12-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mahila P.S. Case No. 58/2025 dated 01.07.2025 registered for the offences punishable u/ss 85, 115(2), 126(2), 352, 351(2), 109 read with Section 3(5) of the B.N.S. and Section 3/4 of Dowry Prohibition Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant mentally and physically due to non-fulfillment of demand of Hyundai Creta Car as dowry.

Patna High Court CR. MISC. No.78844 of 2025(2) dt.01-12-2025 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the husband of the informant and he has no concern with the alleged offence. There is general and omnibus allegation against the petitioner. The petitioner neither demanded any dowry nor tortured the informant. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.09.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the petitioner and the co-accused persons assaulted the informant during her pregnancy period, as a result, the informant gave birth to a weak female child suffering from disease.

6. Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioner as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur at Ara in connection with Mahila P.S. Case No. 58/2025, with a condition:- (i) The petitioner is directed to remain physically

Patna High Court CR. MISC. No.78844 of 2025(2) dt.01-12-2025 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T