Md. Sajid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25109 of 2024 Arising Out of PS. Case No.-27 Year-2023 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Md. Sajid Son Of Md. Manjar @ Manjar Ali @ Md. Manjar Alam Resident Of Village- Giderganj, Ward No. 2, Ps- Andharatharhi, Dist- Madhubani ... ... Petitioner
Versus
1.
The State Of Bihar 2.
Kuresha Khatoon Wife Of Md. Sajid Resident Of Village- Giderganj, Ward No. 2, Ps- Andharatharhi, Dist- Madhubani ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr.Sanjay Kumar Jha, Advocate For the Opposite Party/s :
Mr.Yogendra Kumar Singh, A.P.P.
Mr. S.Bharti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-03-2025 Heard learned counsel for the parties.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 147, 148, 341, 323, 379, 308/498A of the Indian Penal Code and sections 3 & 4 of the Dowry Prohibition Act.
3. As per the prosecution case, petitioner was married to opposite party no.2 in 2017. Later on, accused persons demanded a motorcycle and Rs. 4 lacs cash from her and also started committing torture and harassment on opposite party no.2 due to non-fulfilment of dowry demand. Opposite party no.2 has a daughter out of the wedlock. She has also been ousted from the matrimonial house.
4. Learned counsel appearing for the petitioner, while denying the allegations, submits that the petitioner has falsely been implicated in this case because he is husband of the victim. Instant case has been filed to make pressure on the petitioner to live separate from his parents and not to spend any
Patna High Court CR. MISC. No.25109 of 2024(7) dt.17-03-2025 2/2 money for maintenance of his parents.
5. Learned counsel for the State as well as the informant oppose the prayer for bail. Learned counsel for opposite party no.2 submits that there is direct and specific allegation against the petitioner of demanding dowry and committing torture and harassment on non-fulfillment of dowry demand. Matter had also been referred to the Mediation Center but it could not settle due to non-cooperative approach of the petitioner. Opposite party no.2 has a daughter and she has been ousted from the matrimonial house. In spite of order of payment of interim maintenance/solace by the Family Court, petitioner has not given any farthing to opposite party no.2 due to which she is on the verge of starvation.
6. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Shashi U T