Md. Mansur Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12249 of 2020 Arising Out of PS. Case No.-200 Year-2019 Thana- BIHRA District- Saharsa ====================================================== MD. MANSUR ALAM Son of Md. Jahir Resident of Village - Bijalpur, P.S.- Bihra, Distt - Saharsa.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Azeema Khatoon Wife of Md. Mansur Alam Resident of Village - Bijalpur, P.S.- Bihra, Distt - Sahrasa.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satish Kumar Singh, Advocate For the State :

Mr. Yogendra Kumar Singh, Incharge A.P.P.

For the Informant :

Mr. Kumar Vikram, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-03-2021 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the informant.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Bihra P.S. Case no. 200 of 2019 registered for the offence under sections 341, 323, 379, 498A, 504, 506 and 34 of the Indian Penal Code and section 3 / 4 of the Dowry Prohibition Act.

As per allegation in the first information report, the opposite party no. 2 was married to the petitioner in the year 2015. It is stated that the accused persons including the

Patna High Court CR. MISC. No.12249 of 2020(4) dt.08-03-2021 2/3 petitioner tortured the opposite party no. 2 for non-fulfillment of the demand of dowry to the tune of Rs. two lacs etc.. About two years ago, she was beaten up and forced out of the house while the children were separated. She started to live with her father. It is stated that on 30.10.2019 on her visiting her sasural to meet her children, she as also her brother were once again beaten up.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the first information report are false and concocted. It is submitted that in the year 2015, the informant was employed, the letter of employment being Annexure - 2 to the petition and, thereafter, she deserted the petitioner. Further referring to the first information report, it is submitted that the alleged occurrence of beating up and forcing her out of the house is stated to have taken place two years back but there is no explanation for the delay in lodging of the first information report. Petitioner, who happens to be the husband of the informant, has clean antecedent.

The application for anticipatory bail is opposed by learned Additional Public Prosecutor for the State and learned counsel for the opposite party no. 2, who submits that it is the first part of the occurrence which took place two years back.

Patna High Court CR. MISC. No.12249 of 2020(4) dt.08-03-2021 3/3 Subsequently she along with her brother were beaten up on 30.10.2019 which led to lodging of the instant first information report.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the submissions made on behalf of the petitioner, the Court is inclined to enlarge the petitioner on anticipatory bail. By order dated 9.7.2020, the petitioner was directed to be enlarge on provisional bail in connection with Bihra P.S. Case no. 200 of 2019 on his furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa.

The provisional bail granted to the petitioner is hereby confirmed.

(Partha Sarthy, J) Spd/- U T