Md. Naushad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16775 of 2020 Arising Out of PS. Case No.-468 Year-2019 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Md. Naushad, aged about 24 years, Male, Son of Late Naiyyar, Resident of Village - Makhdum Bag Katrapar, P.S.- Laheri, District - Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rukhsar Praveen, Daughter of Md. Farooque, Resident of Village - Gilani, P.S.- Sare, District - Nalanda.

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

For the Petitioner/s :

Mr.Ganesh Sharma, Advocate For the State :

Ms.Gulnar Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-01-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Laheri P.S. Case No. 468 of 2019 registered for the offences punishable under Sections 341, 323, 504, 354(A), 498A/34 of the Indian Penal Code.

Notice has been issued upon opposite party no.2, but no one has appeared on behalf of opposite party no.2. The prosecution case in brief is that the opposite party no.2 Rukhsar Praveen has stated that her marriage was solemnized with Md Naushad on 29.08.2019 according to Muslim rites and custom. At the time of marriage, two lacs

Patna High Court CR. MISC. No.16775 of 2020(5) dt.11-01-2021 2/3 thirty thousand, one motorcycle and ornaments were given to hr parent. After marriage, she went to her Sasural on 03.08.2019 where all the F.I.R. named accused person started demanding two lacs cash from her parent, she shows inability to fulfill demand of dowry by her parent. The accused persons abused her and her Bhaisur entered into her room and try to rape her. She cried then her Bhaisur gone outside the room. They also tried to kill her and in the night, accused persons ousted her from house. Learned counsel for the petitioner submits that the petitioner is a husband never demanded any amount as dowry and always treated the opposite party no.2 with full honour and dignity.

He further submits that the petitioner has never demanded any dowry and he is always ready to keep the complainant with full honour and dignity which he has filed a matrimonial case under Section 28 of Muslim law, which has been annexed as Annexure-2. He further submits that the petitioner is still ready to settle the dispute with opposite party no.2.

Learned A.P.P. for the State has opposed the prayer for bail.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest

Patna High Court CR. MISC. No.16775 of 2020(5) dt.11-01-2021 3/3 or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda in connection with Laheri P.S. Case No. 468 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Nasimul/- U T