Fida Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20919 of 2021 Arising Out of PS. Case No.-275 Year-2020 Thana- MANJHAGARH District- Gopalganj ====================================================== FIDA HUSSAIN Son of Late Baharan Sai @ Baharan Sah Resident of Village - Bahora Tola Chhawahin Shekh Tolwa, P.S. - Manjhagarh, District - Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Javed Aslam, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-01-2022 Heard the parties through virtual court proceedings. Learned counsel for the petitioners undertakes to remove the defects as pointed out by the office, within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case in connection with Manjhagarh P.S. Case No.275 of 2020, registered for the offence punishable under Sections 304(B), 120(B)/34 of the Indian Penal Code.

The prosecution case in short is that marriage of the informant's daughter was solemnized with the petitioner and thereafter she was ousted from the matrimonial house due to

Patna High Court CR. MISC. No.20919 of 2021(2) dt.13-01-2022 2/3 non-fulfillment of demand of dowry. Thereafter the matter was compromised with the help of Mahila police, Gopalganj and the accused persons took the informant's daughter to their house but again they used to torture her and ousted her from the house putting dupatta on her neck on 17.06.2020. Thereafter, she was admitted to the hospital but she died on 19.06.2020. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature.

The petitioner was living in foreign country for earning his livelihood and the deceased was residing in her parents house from very beginning of the marriage. Even then she was blessed with two children from the said wedlock. It is submitted that the deceased was suffering from some female disease and since April, 2018, she was under the treatment of Dr. Smt. R. Tabassum (Annexure-2). The informant's daughter died on 19.06.2020 but the complaint petitioner has been filed on 29.09.2020 after a delay of three months and ten days. Petitioner has no criminal antecedent, as also mentioned in para3 of the anticipatory bail application.

Patna High Court CR. MISC. No.20919 of 2021(2) dt.13-01-2022 3/3 Learned counsel for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, 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 Manjhagarh P.S. Case No.275 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T