Naushad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6410 of 2023 Arising Out of PS. Case No.-2166 Year-2017 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== NAUSHAD ALI Son of Nasruddin Miyan Resident of Village- Pachmava Bairiya, P.S.- Shikarpur, District- West Champaran at Bettiah ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

IZRANA KHATOON Wife of Naushad Ali, D/O Naushad Alam Resident of Village- Puraina Gosai Madni Tola, Jolha Toli, P.S.- Chanpatia, DistrictWest Champaran at Bettiah ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-08-2024 1.

Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the OP No. 2.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act. 3.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the instant case by the complainant. It is also submitted that the complainant has performed her second marriage as specifically pleaded at para-10 of the anticipatory bail application, and thereafter the petitioner also performed his second marriage. It is next submitted that the complainant performed her second marriage, which amply demonstrates that she never intended to continue the marital relation

Patna High Court CR. MISC. No.6410 of 2023(3) dt.28-08-2024 2/2 with the petitioner.

4.

The learned counsel appearing on behalf of the OP No. 2 rebuts the said submission of the learned counsel appearing on behalf of the petitioner, but then submits that she has no instruction on the issue; whether OP No. 2 has performed her second marriage or not.

5.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 2166 of 2017 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6.

However, the OP No. 2 would be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioner in the event if she has not performed her second marriage.

(Satyavrat Verma, J) SUMIT/- U T