Ahmad @ Md. Ahmad Raja @ Ahmad Hussain @ Md. Ahmad Reza v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8468 of 2025 Arising Out of PS. Case No.-3019 Year-2023 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== Ahmad @ Md. Ahmad Raja @ Ahmad Hussain @ Md. Ahmad Reza S/O Muzib Alam R/O Village- Muradpur, P.S- Angarh, District- Purnea ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Nazma Begum W/O Ahmad @ Md. Ahmad Raja @ Ahmad Hussain @ Md. Ahmad Reza R/O Village- Muradpur, P.S- Angarh, District- Purnea ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sumit Kumar Bhagat For the Opposite Party/s :
Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-05-2025
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Complaint Case No. 3019 of 2023 dated 20.12.2023 registered for the offence punishable under Sections 323, 341, 406, 498A, 504 of the I.P.C.
3. As per the complaint petition the marriage of the complainant was solemnized with the petitioner in the year 2016 according to Mohammadan law and out of the wedlock a girl child was born. Thereafter, the complainant was tortured by the petitioner along with other co-accused and the petitioner
2/4 demanded dowry of Rs. 2,50,000/- and due to non fulfillment of the demand she was subjected to cruelty. Lastly on 20.09.2022 the complainant was driven out of her matrimonial home.
4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. He submits that the fact of the matter is that after Nikah the complainant was not interested in performing her obligations towards the petitioner and his family members. The complainant at the instigation of her parents has instituted the present case in order to get the petitioner separated from his family members. The petitioner neither demanded a single farthing from the complainant or her parents nor tortured or assaulted the complainant. However, without prejudice to the right and contention of the petitioner and in order to maintain harmony in the family, the petitioner undertakes to pay a sum of Rs. 3,000/- per month to the Opposite Party No. 2 as "living cost" subject to final outcome of the present case as well as matrimonial case and / or maintenance case filed and decided between the parties.
5. Learned counsel for the complainant / Opposite Party No. 2 accepts the offer so made by learned counsel for the petitioner
3/4 and submits that petitioner may be directed to deposit the said amount of Rs. 3,000/- per month in the bank account of the complainant / Opposite Party No. 2, details of which shall be furnished by learned counsel for the Opposite Party No. 2 to learned counsel for the petitioner within ten days from today.
6. After having heard learned counsel for the parties and taking into consideration the materials on record and the fact that the offer made by learned counsel for the petitioner has been accepted by learned counsel for the Opposite Party No. 2, as such, I am inclined to grant the privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of his arrest / surrender before the learned court below within a period of six weeks from today be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Prashant Kumar, learned Judicial Magistrate First Class, Purnea in connection with Complaint Case No. 3019 of 2023 subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023 as well as the following condition:- (i) that the petitioner shall deposit a sum of Rs. 3,000/- per month in the bank account of the Opposite Party No. 2 positively by the 7th day of every month
4/4 starting from the month of June, 2025.
(Anil Kumar Sinha, J) praful/- U T