Md.Belal @ Md. Bilal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29594 of 2024 Arising Out of PS. Case No.-662 Year-2022 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Md.Belal @ Md. Bilal Son Of Md.Saleem Resident Of Village-Mangrauni Shekh Toli, P.S- Rajnagar, District-Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nanjani Praween Wife Of Md.Belal@Md.Bilal Resident Of VillageMangrauni Shekh Toli,P.S-Rajnagar, District-Madhubani At Present D/OMd.Shamim ,R/O-VILLAGE-BELHA North,P.S-Rajnagar, Dist-Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav, Adv.

Mr. Ravi Prakash, Adv.

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-09-2024 Despite valid service of notice, no one appears on behalf of the Opposite Party No. 2.

2. Heard learned counsel for the petitioner and learned counsel for the State.

3. The petitioner apprehends his arrest in connection with C.R. Case No. 662 of 2022 offences punishable under Sections 323, 498A/34 and 120B of the Indian Penal Code.

4. As per prosecution case, the marriage of the opposite party No. 2 was solemnized with this petitioner in the year 2018. After sometime of marriage, this petitioner along with the accused persons started demanding dowry, and due to non-

Patna High Court CR. MISC. No.29594 of 2024(4) dt.02-09-2024 2/3 fulfillment of the same, they assaulted and tortured her, and thereafter, complainant was ousted from the matrimonial house.

5. Learned counsel appearing on behalf of the petitioner submits that petitioner happens to be husband of the complainant and present case has been lodged due to petty family dispute. Allegation of assault and demand of dowry is general and omnibus. It is further submitted that petitioner is ready to keep the complainant/opposite party no. 2, as his wife, with full honour and dignity. It is next submitted that the case is triable by the Magistrate. In this connection, petitioner has relied upon a judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of petitioner.

7. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I-cum-Special Judge, Madhubani in connection

Patna High Court CR. MISC. No.29594 of 2024(4) dt.02-09-2024 3/3 with C.R. Case No. 662 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T