Abu Nasar @ Abunasar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16560 of 2025 Arising Out of PS. Case No.-968 Year-2024 Thana- COMPLAINT CASE District- Araria ====================================================== Abu Nasar @ Abunasar S/o- Jamil R/o- Shyampur, Ward No. 14, Panchayat Pechaili, Shyampur, Police Station-Palasi, District- Araria, Bihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Begum Khatoon @ Khusnada Begum D/O Amin Uddin Shyampur Pecheli,Ward no. 13, Police Station-Palasi, District- Araria ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Ravish, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP For the O.P. No.2 : Mr. Ramesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 05-05-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2.
2. The petitioner apprehends his arrest for the offence punishable under Sections 147, 323, 341, 354B and 498A/34 the Indian Penal Code but the cognizance has been taken under Section 498A Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
3. Petitioner is the father-in-law of the complainant /opposite party no.2. The prosecution is based upon a complaint in which there is a general and omnibus allegation of demand of dowry and torture. The thrust of the allegation, however, would be against the husband.
Patna High Court CR. MISC. No.16560 of 2025(3) dt.05-05-2025 2/3
4. It has been submitted by learned counsel for the petitioner that the allegations made in the complaint are totally false. It is further submitted that the marriage of the complainant had taken place in the year 2009. The petitioner, being the father-in-law of the complainant, resides separately and has no concern with the husband of the complainant/ opposite party no.2. It is further submitted that the complainant does not want to reside in her matrimonial home. Further, petitioner's wife, namely, Bibi Israti had filed a complaint case, bearing Complaint Case No.1381 of 2024, before the learned Chief Judicial Magistrate, Araria against the complainant and her family members. In any view of the matter, it would be the husband of the complainant who would be primarily responsible for the welfare of his wife.
5. The application has been opposed by learned APP for the State and learned counsel for the complainant/opposite party no.2 on the ground of allegation made in the complaint petition.
6. Taking into consideration the fact and circumstances of the case and the fact that the petitioner is the father-in-law of the complainant, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned
Patna High Court CR. MISC. No.16560 of 2025(3) dt.05-05-2025 3/3 Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten 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 Complaint Case No.968-C of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Soni Shrivastava, J) Trivedi/- U T