Md Iftikhar @ Iftikhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14856 of 2021 Arising Out of PS. Case No.-34 Year-2020 Thana- MAHILA P.S. District- Araria ====================================================== MD IFTIKHAR @ IFTIKHAR Son of Nooruddin, Resident of Village- Kujri Ward No.09, Police Station- Palasi, District- Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bibi Najlish Daughter of Hasibur Rahman, Wife of Md. Iftikhar, Resident of Village- Farsadangi Ward No.11, Police Station- Palasi, District- Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Rana For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-04-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Araria Mahila P.S. Case No. 34 of 2020 registered for offence punishable under sections 341, 342, 323, 498A/34 of the Indian Penal Code and sections 3/4 of the Dowry Prohibition Act As per allegation, the marriage of Bibi Najlish (opposite party no. 2) was solemnized with the present petitioner six years before lodging of the FIR. The husband

Patna High Court CR. MISC. No.14856 of 2021(4) dt.04-04-2022 2/3 (petitioner) and mother-in-law of Bibi Najlish demanded Rs.2,00,000/- cash. Due to non-fulfillment of dowry demand, they subjected her to cruelty. Thereafter, her husband gave her third Talak.

The learned counsel for the petitioner has submitted that the entire allegation is false. Opposite party no. 2 has solemnized her second marriage with one Md. Seraj, son of Md. Jalal @ Baner of village Nayanagar Tola Salguri, P.S.-Palasi, District-Araria .

During the pendency of this anticipatory bail petition, notice was issued to opposite party no. 2 for exploring the possibility of amicable solution of the dispute. The notice was received by the mother of the victim, but none appeared. Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Araria in connection with Araria Mahila P.S. Case No. 34 of 2020, subject to condition as laid down under section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the

Patna High Court CR. MISC. No.14856 of 2021(4) dt.04-04-2022 3/3 petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T