Md. Abid Nasir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5624 of 2022 Arising Out of PS. Case No.-100 Year-2021 Thana- MAHILA P.S. District- Patna ====================================================== MD. ABID NASIR Son of Md. Nasir @ Md. Nasir Hakim Resident of Mohalla- Abarpul, P.S.- Ara Town, Dist- Bhojpur at Ara. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gazala Firdouse W/o Md. Abid Nasir, D/o Md. Nasim Resident of Dariyapur, Bari Path, P.S.- Pibhor, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Rajpati For the State :

Mr.Sangeeta Sharma For the opposite party no.2 Mr. Sanjeet Kumar Mr. Ujjawal Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-02-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State as well as the learned counsel for the informant.

The petitioner apprehends his arrest for the offences alleged under Sections 498(A), 506, 341, 323 and 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, registered in connection with Patna Mahila P.S.Case No. 100 of 2021.

Patna High Court CR. MISC. No.5624 of 2022(6) dt.01-02-2023 2/3 The petitioner is the husband of the victim, who has lodged FIR, stating therein that her marriage was performed with the petitioner on 12.03.2018 with Islamic rituals and customs. The petitioner and other accused persons tortured her for dowry demand. Her husband brought her to Bangaluru and there also she was tortured. The petitioner and his parents were making pressure upon the victim for payment of Rs. 25,00,000/- (rupees twenty five lacs), so that the loan taken on purchase of a Villa in Banguluru may be liquidated.

For exploring the possibility of amicable resolution of the dispute, the couple were directed along with their respective lawyers to be present.

During conciliation, the informant/wife expressed her willingness to reside with her husband, but the husband flatly refused to keep her without any cogent and convincible reason.

It appears that the matrimonial knot between the couple has worsened due to apathetic and adamant stand of the petitioner.

In view of aforesaid, the petitioner is not entitled for anticipatory bail, which is hereby rejected.

Office shall ensure that all defects are removed by

Patna High Court CR. MISC. No.5624 of 2022(6) dt.01-02-2023 3/3 the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

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