Md. Akram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8161 of 2025 Arising Out of PS. Case No.-26 Year-2023 Thana- MAHILA P.S. District- Vaishali ====================================================== Md. Akram S/O Mohammad Alam R/O vill.- Sondho Guljarbag, P.S. - Goraul, Distt.- Vaishali.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Muskan Khatoon wife of Md. Akram and Daughter of Zamir Miyan Resident of village- Sondho Guljarbagh, P.S.-Goraul, District-Vaishali, At present resident of village and Post-Tisiauta, P.S.-Tisiauta, District-Vaishali. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar For the Opposite Party/s :
Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-05-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Hajipur Mahila Police Station Case No. 26 of 2023, dated 08.09.2023, disclosing offences under Sections 323/341/324/498A/504/506/34 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act.
3. The prosecution case, as per the First Information Report, is that the informant was married to the petitioner on 13.03.2023 in which the informant's parents made expenses of around Rs. 9 Lakh. After 15 days of marriage, the petitioner found in compromising condition with his sister-in-law, which was protested by the
2/4 informant. Upon which the petitioner and his family members started demanding dowry and all the family members assaulted the informant. The father-in-law of the informant assaulted her on abdomen with legs and fists resulting to which blood oozed out and subsequently the informant was admitted in the hospital. When the informant returned from the hospital, the petitioner and his family members again started demanding one motorcycle and Rs. 5 Lakh as dowry. When refused, the informant was assaulted by the accused person and she was left near her paternal 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 the present case due to ulterior motive and on the basis of false and concocted story. The allegation against the petitioner is general and omnibus in nature and he has never demanded dowry. He next submits that similarly situated co-accused persons have been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 18523 of 2024. He further submits that the petitioner is ready to keep the opposite party no. 2-wife with all dignity, however, the informant is not ready to live with the
3/4 petitioner.
5. Despite notice, no one appears on behalf of the opposite party no. 2
6. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the allegation against the accused persons, including the petitioner, is general and omnibus and other family members of the petitioner have been granted anticipatory bail by a Co-ordinate Bench of this Court, I am inclined to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Vaishali at Hajipur, in connection with Mahila Police Station Case No. 26 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T
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