Md. Mister @ Mister Kha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3537 of 2023 Arising Out of PS. Case No.-352 Year-2022 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== MD. MISTER @ MISTER KHA Son of Md. Riyazuddin Resident of village - Begampur, P.S.- K. Nagar, District - Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nazmin Khatoon Daughter of Md. Hasib Resident of village - Kanela Raniptra, P.S.- Mufassil, District - Purnea ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar Anand, Advocate For the Opposite Party/s :

Mr. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under sections 341, 323, , 498(A), 504, 506 and 34 of the Indian Penal Code and sections 3 & 4 of the Dowry Prohibition Act.

As per the prosecution case, petitioner along with other family members committed torture on the informant's daughter due to non-fulfillment of dowry demand. Learned counsel appearing for the petitioner while denying the allegations, submits that the petitioner has falsely been implicated in this case because he is husband of the victim.

Patna High Court CR. MISC. No.3537 of 2023(2) dt.09-05-2023 2/2 However, he is ready to keep the victim to her matrimonial house with honour and dignity. The case is triable by the Magistrate. The petitioner has further 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. Petitioner has got clean antecedent. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let this petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Purnea in connection with K Nagar Police Station Case No 352 of 2022, subject to the conditions laid down under section 438 of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T