Md. Taj Kuraishi v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7688 of 2019 Arising Out of PS. Case No.-550 Year-2017 Thana- HAJIPUR District- Vaishali ====================================================== Md. Taj Kuraishi Md. Kaisar Quraishi @ Kaishar @ Kaish Kuraishi Resident of Village - Phulwari Sharif ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ayisha Khatoon, W/o Taj Quraishi, R/o Village - Jadhua, P.S. Hajipur Nagar, District Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Md. Harun Quareshi, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-09-2019 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner apprehends his arrest in connection with Hajipur P.S. Case No. 550 of 2017, registered under Sections 498(A)/354/34 of the Indian Penal Code. The allegation against the petitioner, as per FIR, is that the petitioner along with other accused persons assaulted the informant mentally and physically due to non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that the petitioner is ready and willing to keep the informant/O.P. No.2 as his wife, but informant/O.P. No.2 is not willing to live with

Patna High Court CR. MISC. No.7688 of 2019(7) dt.11-09-2019 2/3 the petitioner, inasmuch as during the proceeding before learned Mediator, she did not appear regularly. He further submits that informant/O.P. No.2 is in habit of lodging case against the petitioner one after another, inasmuch as earlier complaint bearing C1-2248 of 2016 under Section 498(A) of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act was lodged by the informant/O.P.No.2 against the petitioner, which is abuse of process of law and immediately after 2nd the present case under Section 498(A) has been lodged by way of present FIR vide Hajipur Town PS. Case No. 550 of 2017.

Learned counsel for the petitioner submits that in earlier case settlement was arrived between the parties and sum of Rs. 4,000/- per month is being paid to the informant/O.P. No.2 by the petitioner.

On the other hand, learned counsel for the informant/O.P. No.2 vehemently opposes the prayer for anticipatory bail submits that the petitioner and his family members used to torture the informant/O.P. No.2 due to nonfulfillment of dowry and does not deserve the privilege of anticipatory bail.

After having heard learned counsel for the parties and taking into consideration the fact that the informant/O.P. No.2

Patna High Court CR. MISC. No.7688 of 2019(7) dt.11-09-2019 3/3 had earlier filed case under Section 498A alleging therein that she was ousted from her matrimonial house and again 2nd FIR has been lodged under Section 498A of Indian Penal Code alleging torture mentally and physically by the petitioner, I am inclined to grant anticipatory bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Hajipur in connection with Hajipur (Town) P.S. Case No. 550 of 2017; subject to condition as laid down hereinabove and under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) S.Katyayan/- U T