Najim Miyan Vs The State Of Bihar — Patna HC (2024) — LawSathi Research

Najim Miyan Vs The State Of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted to the petitioner on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sherghati, Gaya, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

Issue for consideration

Whether regular bail should be granted to the petitioner, accused of offences punishable under Sections 306/34 IPC in connection with Suhail P.S. Case No. 55 of 2023.

Court's answer

Considering the facts and circumstances (including counsel's submissions and the APP's opposition), the court directed release of the petitioner on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sherghati, Gaya, subject to the condition that the petitioner cooperate in the disposal of trial and remain available as and when required by the court.

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No.41139 of 2024 (decided 26-09-2024, Nawneet Kumar Pandey, J): Regular bail granted to Najim Miyan, accused under Sections 306/34 IPC in Suhail P.S. Case No. 55 of 2023 (District Gaya), where the informant's daughter allegedly committed suicide after physical and mental torture over a demand of Rs. 3 lakhs as dowry. Counsel contended the marriage preceded the occurrence by 11 years, the couple had two sons, independent witnesses (paragraph nos. 47 and 48) stated the petitioner was absent from home and offering Namaj in a Mosque at the time of the suicide, and the petitioner had clean antecedents and was in custody since 29.12.2023; the learned APP opposed the prayer. The Court, considering the facts and circumstances, released the petitioner on bail bonds of Rs.10,000/- with two like sureties to the satisfaction of the learned S.D.J.M., Sherghati, Gaya, conditioned on cooperation in the trial.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41139 of 2024

Arising Out of PS. Case No.-55 Year-2023 Thana- SUHAIL District- Gaya

======================================================

Najim Miyan Son of Aajim Miyan R/O Vill.- Pokhari, Tara Nagar, P.S.Sohail, Dist.- Gaya, Bihar

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Md. Javed Jafar Khan For the Opposite Party/s : Mr.Nirmal Kumar Sinha ======================================================

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

4 26-09-2024

Heard the learned counsel for the petitioner as well

as the learned Additional Public Prosecutor for the State.

The petitioner is seeking regular bail in connection

with Suhail P.S. Case No. 55 of 2023 for the offences punishable under Sections 306/34 of the Indian Penal Code.

The allegation against the petitioner is that he along with other accused persons tortured the informant’s daughter physically and mentally for non-fulfillment of demand of Rs. 3 lakhs as dowry, due to which, informant’s daughter depressed and committed suicide.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that admittedly, the marriage of the petitioner was solemnized with the deceased 11 years

Patna High Court CR. MISC. No.41139 of 2024(4) dt.26-09-2024 2/2

prior to the occurrence. So the allegation of demand of a dowry is prima facie false. The couple had two sons and the independent witnesses in paragraph nos. 47 and 48 have stated that the petitioner was not present at his house when his wife (the deceased) had committed suicide. At that time, the petitioner was offering Namaj in Mosque. These witnesses have also stated that the couple were quarreling used to quarrel on trivial issues. The petitioner is a person of clean antecedent and is under custody since 29.12.2023.

On the other hand, the learned APP for the State has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sherghati, Gaya in connection with Suhail P.S. Case No. 55 of 2023, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J)