Patna High CourtCR. MISC./12363/2025bail granted

Md. Rahimuddin @ Rahimuddin v. The State Of Bihar

2025-05-13Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12363 of 2025 Arising Out of PS. Case No.-341 Year-2024 Thana- PALASI District- Araria ====================================================== Md. Rahimuddin @ Rahimuddin S/o Late Ajid R/o vill - Chhapri Tola, Dumaria, P.S.- Palasi, Distt.- Araria ... ... Petitioner/s

Versus

The State of Bihar 2.

Heena Khatoon W/o Mohammad Imtiyaz R/o vill - Chhapri Tola, Dumaria, P.S.- Palasi, Distt.- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-05-2025 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Palasi P.S. Case No. 341 of 2024 for the offence under sections 126(2), 115(2), 351(2), 351(3), 352, 109, 85 and 3(5) of the B.N.S. and 3 (iv) of the Dowry Prohibition Act lodged on 04.10.2024 by the informant, Heena Khatoon.

3. As per the prosecution story, the lady, daughter-inlaw of the present petitioner alleged that after the marriage with Md. Imtiyaz, she was regularly assaulted for dowry/fourwheeler. On 02.10.2024, she was assaulted by iron rod by the petitioner causing injury on her head. This led to the FIR.

4. Learned counsel for the petitioner submits that

2/4 exaggerated FIR is there, they always wanted a peaceful life with the lady, blessed with a child also, the husband is already in custody and the injury has been found to be simple in nature. Further, the submission is that without accepting the allegation and/or the outcome of the present petition, in view of the fact that the informant's side has alleged injuries, the petitioner on its own would like to contribute Rs. 10,000 towards the medical assistance of the lady and Rs. 5,000/- to the grand-daughter through Demand Draft issued by the local State Bank of India branch to be submitted before the 'NAZARAT' of concerned Court to be handed over to the informant after checking the credentials.

5. Learned APP opposes the prayer submitting that the allegation against this petitioner of assaulting the daughter-inlaw.

6. Taking into account the submissions of the parties as also that the petitioner is an aged person, father-in-law, having no criminal antecedent and the injury has been found to be simple in nature, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions subject to payment of Rs. 10,000/- to the lady and Rs. 5,000/- to the grand daughter as undertaken by the learned counsel for the

3/4 petitioner to be paid by Demand Draft of local State Bank of India to be submitted to the Trial Court.

7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned J.M. 1st Class, Araria in connection with Palasi P.S. Case No. 341 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for

4/4 cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T