Md. Zubair Alam @ Zubair v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24750 of 2024 Arising Out of PS. Case No.-1325 Year-2023 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== Md. Zubair Alam @ Zubair, Son of Md. Shamiulla, Resident of Village - Chhoti Masjid, Sipahi Tola, P.S. - K. Hat (Madhubani), District - Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nujhat Praveen, Wife of Zubair, Daughter of Md. Hanif, Resident of Village - Chhoti Masjid, Sipahi Tola, P.S. - K. Hat (Madhubani), District - Purnea ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Mumtaz Uddin, Advocate For the Opposite Party/s :

Mr. Arun Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 1325 of 2023 registered for the offences punishable under Sections 323, 498A of the Indian Penal Code.

3. As per the complaint case, the complainant was married with the petitioner in the year of 2020, under the Muslim Rites and Rituals. It is alleged that the complainant is employed as Anganwadi Sevika and the petitioner demanded money from her and when the complainant opposed, the

Patna High Court CR. MISC. No.24750 of 2024(3) dt.31-07-2024 2/3 petitioner and his family members tortured her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to some misunderstanding between the parties. The petitioner has never demanded money from the complainant. Petitioner is always ready to keep his wife with full honor and dignity if the complainant comes forward in restoration of material relation. The petitioner has one criminal antecedent of year 2005. Learned counsel for the petitioner further submits that despite valid service of notice upon O.P. No. 2, complainant has not appeared in the present case.

5. Learned APP opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his 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 bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Complaint Case No. 1325 of 2023, subject to the conditions as

Patna High Court CR. MISC. No.24750 of 2024(3) dt.31-07-2024 3/3 laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T