Gulam Nabi @ Gulam Navi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15046 of 2025 Arising Out of PS. Case No.-1180 Year-2023 Thana- COMPLAINT CASE - PATNA CITY District- Patna ====================================================== Gulam Nabi @ Gulam Navi S/O Lal Mohamad Resident of village- Kebash Jagir ward no. 11, P.S.- Muffasil, District- Samastipur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Nazia Praveen W/O Gulam Nabi @ Gulam Navi, D/O Md. Eqbal R/O Vill.- Barkat Khan ka akhara, P.S.- Khajekalan, Dist.- Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kunwar Ajit Singh, Adv.
For the Opposite Party/s :
Mr. Anil Kumar, APP For the Informant :
Mr. Dhananjai Kumar Singh, Adv.
Mr. Yoti Ranjan Jha, adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2025 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the O.P. No.2.
2. The petitioner seeks bail in connection with Complaint Case No. 1180 of 2023 instituted for the offences under Sections 498(A), 448, 323 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.
3. As per prosecution case, the accusation against the accused persons including the petitioner is of assaulting and torturing the Complainant for the demand of dowry money of Rs. 5,00,000/-.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.15046 of 2025(2) dt.18-03-2025 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner has not committed any offence as alleged in the F.I.R. The petitioner is the husband of the Complainant and has never demanded any dowry from the Complainant. As a matter of fact, the Complainant does not want to stay with the petitioner in her in-law house rather she wants to stay in her parents house for the reason best known to her. Learned counsel for the petitioner submits that there is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no criminal antecedent and is languishing in judicial custody since 09.10.2024 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State and the O.P. No.2 have vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature. The petitioner is the husband of the Complainant and, hence, he does not deserve bail.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be
Patna High Court CR. MISC. No.15046 of 2025(2) dt.18-03-2025 3/3 released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Complaint Case No. 1180 of 2023, subject to the following conditions;
(i) One of the bailor(s) shall be the own/close family members of the petitioner.
(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(Rudra Prakash Mishra, J) rishi/- U T