Md. Minhaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28066 of 2021 Arising Out of PS. Case No.-748 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== Md. Minhaj S/O Md. Sarjul R/O Village Purandaha Ward No 02, P.SForbesganj (SIMRAHA), District-Araria ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Rahmati Khatoon W/O Md. Minhaj, D/O Md. Asfaque R/O VillagePurandaha, Ward No.02, P.S-Forbesganj (SIMRAHA), District-Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Prasad Singh, Adv.

For the Opposite Party/s :

Ms. Sucheta Yadav, APP For the opposite party no. 2 Md. Naushad Uzzoha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 498A, 504/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Petitioner in association of his family members used to torture the informant for non-fulfillment of dowry demand. It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely

Patna High Court CR. MISC. No.28066 of 2021(2) dt.22-12-2021 2/2 implicated in this case. He submits that earlier the opposite party no. 2 had filed the Complaint Case No. 2286 of 2019 under Section 498A and 379 of the IPC before the learned court below but the learned court below was not taken cognizance due to pandemic thereafter she has filed the present false case. He submits that petitioner is the husband of the informant. He submits that there is general and omnibus allegation levelled against the petitioner.

Learned APP for the State opposed the prayer for bail.

Considering the facts and circumstances of the case, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five 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 Forbesganj (Simraha) P.S. Case No. 748 of 2020, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

devendra/- (Anjani Kumar Sharan, J) U T