Md. Kemtulla @ Md. Kemtul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1630 of 2025 Arising Out of PS. Case No.-270 Year-2023 Thana- AMDABAD District- Katihar ====================================================== Md. Kemtulla @ Md. Kemtul Son of Sabdar Ali Resident of Nayatola Chimni Bhata, P.S. - Amdabad, District - Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kohinoor Kahtoon @ Kohinoor Wife of Md. Kemtulla @ Md. Kemtul, Daughter of Ainul Haque Resident of Oksa Tal, P.S. - Amdabad, District - Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Sushil Kumar Jha, Advocate For the State :

Mr. Khurshid Anwar, APP For Opposite Party No.2 :

N o n e ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-04-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

2. Despite valid service of notice, nobody appears on behalf of the Opposite Party No. 2.

3. The petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 504, 506 and 34 of the Indian Penal Code.

4. The prosecution case, in brief, is that marriage of informant was solemnized with this petitioner as per Muslim rites and rituals. It is alleged that after marriage, all the accused persons, including this petitioner, subjected complainant to torture and harassment due to non-fulfillment of demand of

Patna High Court CR. MISC. No.1630 of 2025(3) dt.17-04-2025 2/3 dowry.

5. It is submitted on behalf of petitioner that petitioner happens to be husband of the informant and present case has been lodged due to petty family dispute. There is general and omnibus allegation of commission of assault against him. As a matter of fact, the petitioner at no point of time demanded any dowry or committed torture. It is further submitted that petitioner is ready to keep the informant, as his wife, with full honour and dignity. It is next submitted that the case is triable by the Magistrate. In this connection, petitioner has relied upon a judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of petitioner.

7. Considering the aforesaid facts and circumstances of the case, the prayer for grant of anticipatory bail to the petitioner is allowed.

8. Accordingly, let the above named petitioner, in the event of his arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.1630 of 2025(3) dt.17-04-2025 3/3 each to the satisfaction of learned S.D.J.M., Katihar in connection with Amdabad P.S. Case No. 270 of 2023, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T