Sayed Nawaz Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12913 of 2022 Arising Out of PS. Case No.-2572 Year-2013 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== SAYED NAWAZ ALI S/O NAWAB ALI Resident of Line Bazar, P.S.- K. Hat (Sahayak), District- Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nazmus Sehar @ Neha W/o Syed Nawaz Ali, D/o Md. Rizwan Ahmed Present Residing at Mohalla- Muradpur Lane, Darji Toli, P.S.- Pirbahor, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raja Ram Mishra For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Complaint Case No. 2572 of 2013 registered for offence punishable under sections 323 and 498A of the Indian Penal Code and sections 3/4 of the Dowry Prohibition Act. It is a case of matrimonial dispute.

As per allegation, the marriage of the complainant was

Patna High Court CR. MISC. No.12913 of 2022(2) dt.26-09-2022 2/3 solemnized with the petitioner in the year 2011. The accused persons demanded Rs. 3,00,000/- cash and one Alto Car and they harass the informant due to non-fulfillment of dowry demand.

The learned counsel for the petitioner has submitted that the complainant is resident of ubran locality and she is not willing to reside in rural area with the petitioner. From perusal of the order of learned Sessions Judge, Patna it appears that the complainant was not willing to live with the petitioner and the petitioner did not turn up before the learned court below and the learned court below got an interference that the petitioner is not ready to keep the victim. The order of learned Sessions Judge speaks itself that the victim is not ready to reside with the petitioner.

Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Patna in connection with Complaint Case No. 2572 of 2013, subject to condition as laid down under section 438(2) Cr. P.C.

Patna High Court CR. MISC. No.12913 of 2022(2) dt.26-09-2022 3/3 Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T