Md. Afasar Alam @ Afsar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15254 of 2022 Arising Out of PS. Case No.-532 Year-2019 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== MD. AFASAR ALAM @ AFSAR ALAM Son of Md. Kamrul Haque @ Kamrul Resident of Village - Mohni Tola Gurihal, P.S. Baisi, District - Purnea.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bibi Rozi W/o Md. Afasar Alam @ Afsar Alam D/o Md. Sohrab Alam Resident of Village - Mohni Tola Gurihal, P.S. Baisi, District - Purnea. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Complaint Case No. 532 of 2019 instituted for the offence under Section 498(A) of the Indian Penal Code and Section 4 of of D.P. Act.

This case relates to torture and harassment due to nonfulfillment of further dowry demand and finally husband of the complainant and his family members ousted her from matrimonial home after snatching her belongings. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.15254 of 2022(4) dt.22-11-2022 2/3 has submitted that petitioner is husband of the complainant and has been falsely implicated in this case. He has never demanded any thing from the complainant. It is mentioned in para 8 of the petition that petitioner is ready to keep his wife with full honour and dignity.

Learned counsel for the informant has asserted that Family Court, Purnea in Maintenance Case No. 112 of 2019 dt. 20.02.2020 has awarded Rs. 5,000/- as maintenance to the complainant and her child to which petitioner is not complying. Learned counsel for the petitioner is directed to comply the order dated 20.02.2020, passed in Maintenance Case No. 112 of 2019 by Family Court, Purnea and he will pay all the arrears amount to the informant.

Having heard learned counsel for the parties and considering the submission made on behalf of the petitioner, this Court is inclined to enlarge him on bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Complaint Case No. 532 of 2019 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Purnea subject to the conditions

Patna High Court CR. MISC. No.15254 of 2022(4) dt.22-11-2022 3/3 as laid down under section 438(2) of the Cr.P.C. The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of all the arrear amount of maintenance passed in Maintenance Case No. 112 of 2019 by the Family Court, Purnea.

(Sunil Kumar Panwar, J) sushma/- U