Md. Jahid Farid @ Jahid Farid @ Jahid Faridi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17452 of 2025 Arising Out of PS. Case No.-506 Year-2024 Thana- ARA NAGAR District- Bhojpur ====================================================== Md. Jahid Farid @ Jahid Farid @ Jahid Faridi S/O Farid Ahmad At Present R/O Mohalla - Rauza, Ward No - 27, P.S - Ara Town, District - Bhojpur, Bihar, Permanent Address - Nagar Palika Office, Poorvi Bazar, Mughalsarai, P S - Mughalsarai, District - Chandauli, Uttar Pradesh ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Saba Shamim W/O Md. Jahid Farid @ Jahid Farid @ Jahid Faridi, D/O Shamim Khan R/o Mohalla - Rauza, Ward No - 27, P S - Ara Town, District - Bhojpur, Bihar, At Present R/o Mohalla - Shahganj, P S - Sultanganj, District - Patna, Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Singh, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP For the O.P. No.2 :

Mr. Shrinandan Prasad Singh, Sr. Advocate :

Mr. Kumar Sameer, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-04-2025 Heard Mr. Pankaj Kumar Singh, learned counsel for the petitioner, Mr. Shrinandan Prasad Singh, learned counsel for the Respondent No.2 and Mr. Uday Pratap Singh, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Ara Town P.S. Case No. 506 of 2024, F.I.R. dated 14.08.2024 for the offences punishable under Sections 126(2), 115(2), 85 of the Bhartiya Nyay Sanhita, 2023.

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3. As per the First Information Report, the informant alleged that she was subjected to torture and harassment by the petitioner due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated. Learned counsel for the petitioner on instructions fairly submits that the petitioner is ready to pay Rs. 10,000/-(Rupees Ten Thousand) per month till disposal of the Maintenance Case, if any filed by the informant in future.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Learned counsel for the Respondent No.2 submits that he has no objection if the petitioner is granted bail.

7. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Town P.S. Case No. 506 of 2024, subject to the conditions

3/4 as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall deposit Rs. 10,000/-(Ten Thousand) per month in the bank account of the informant which is mentioned as:-Account No-010053199360, IFSC CodeIPOS0000DOP, Branch-Bankipore, Head Post Office, Patna-4, till the disposal of maintenance case, if any. ii. Petitioner shall co-operate 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. iii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iv. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order

4/4 shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Suruchi/- U T