Karim @ Karim Nadaf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11660 of 2024 Arising Out of PS. Case No.-660 Year-2023 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== Karim @ Karim Nadaf Son of Late Samir Nadaf Resident of Gram Kateli, P.S.- Jalalgarh, District- Purnea.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shabnam Khatoon Wife of Karim Nadaf @ Karim, D/o Wajir Ansari Resident of Muradabad, P.S.- Kasba, District- Purnea. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ajit Kumar Singh, Advocate For the State :

Mr. Pramod Kumar Pandey, APP For Opposite Party No.2 :

N o n e ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Despite valid service of notice, nobody appears on behalf of complainant/Opposite Party No. 2.

3.

The petitioner, husband of the complainant/Opposite Party No. 2, apprehends his arrest in a complaint case registered for the offence punishable under Sections 506, 323, 352, 120B, 498A and 34 of the Indian Penal Code.

4. As per the prosecution case, this petitioner is alleged to have committed torture and harassment upon the complainant/Opposite Party No. 2 due to non-fulfillment of

Patna High Court CR. MISC. No.11660 of 2024(4) dt.19-06-2024 2/3 demand of dowry.

5. Learned counsel appearing on behalf of the petitioner, while denying the allegations made in the complaint petition, submits that the petitioner has been falsely implicated in this case merely because he is husband of the complainant/Opposite Party No. 2. However, it is submitted that the petitioner is ready to keep the complainant/Opposite Party No. 2 at her matrimonial house with honour and dignity. It is further submitted that the case is triable by the Magistrate. In this connection, learned counsel for the petitioner has relied upon the judgment of this Hon'ble Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. Petitioner claims clean antecedents.

6. Considering the aforesaid facts and circumstances of the case, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Purnea,

Patna High Court CR. MISC. No.11660 of 2024(4) dt.19-06-2024 3/3 in connection with Complaint Case No. 660 of 2023, subject to the conditions, as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T