Md. Ehsan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7423 of 2023 Arising Out of PS. Case No.-42 Year-2022 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Md. Ehsan Son Of Abulaish R/O Damla, P.S.- Bisfi, District- Madhubani ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Shambha Pravin Wife Of Md. Irfan, D/O Late Ali Hasan R/O VillageParsauni, Ward No.9, P.S.- Bisfi (PATAUNA), District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Jha For the Opposite Party/s :

Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 379, 324, 354(B), 498(A), 504, 506 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

The petitioner along with other co-accused said to have demanded dowry and due to non-fulfillment of the said demand, they subjected informant/complainant to cruelty in different ways and ultimately, they ousted her from her matrimonial house.

Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely

Patna High Court CR. MISC. No.7423 of 2023(2) dt.08-05-2023 2/2 implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is the brother-in-law (Bhaisur) of the complainant and there is no specific overt act against the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with C.R. P.S. Case No. 42 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T