Zamshed Alam @ Jamshed Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7671 of 2024 Arising Out of PS. Case No.-28 Year-2023 Thana- PUWAKHALI District- Kishanganj ====================================================== Zamshed Alam @ Jamshed Alam Son Of Nasiruddin Resident Of VillageKamarbasti Barchaundi, Ps- Powakhali, Dist- Kishanganj ... ... Petitioner/s
Versus
1.
The State of Bihar BIHAR 2.
Munni Begam Wife Of Zamshed Alam @ Jamshed Alam Resident Of Village- Kamarbasti Barchaundi, Ps- Powakhali, Dist- Kishanganj At Present D/O- Fajluddin Village- Mohantoli, Ps- Powakhali, Dist- Kishanganj ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar, Adv.
For the Opposite Party/s :
Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Powakhali P.S. Case No. 28 of 2023 dated 14.05.2023 registered for the offences punishable u/ss 341, 323, 420, 498A, 504 read with section 34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have assaulted and abused the informant due to non-fulfillment of demand of Rs. 3,00,000/- and one Apachi motorcycle as dowry.
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.7671 of 2024(2) dt.26-02-2024 2/3 this case. It is the further submitted that the petitioner is the husband of the informant. The petitioner neither demanded any dowry nor tortured the informant and no offence under Section 3/4 of the dowry prohibition act is made against against the petitioner. Learned counsel has further submitted that the petitioner has no concern with the alleged offence. The petitioner has relied upon the 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." Learned counsel has further submitted that Section 498A of the IPC is triable by the Magistrate. Learned counsel has further relied on the judgments in the case of Satendra Kumar Antil Vs.
Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Anr passed in Criminal Appeal No(s). 2207 of 2023 arising out of Special Leave Petition (CRL.) No. 3433 of 2023. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
7. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the
Patna High Court CR. MISC. No.7671 of 2024(2) dt.26-02-2024 3/3 petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Kishanganj in connection with Powakhali P.S. Case No. 28 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure with further condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bond.
8. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.
9. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T