Md. Naushad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32392 of 2019 Arising Out of PS. Case No.-393 Year-2017 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== MD. NAUSHAD Son of Md. Kalam, Resident of village- Hardash Chak, P.S.- Khagaria (Mufassil), District- Khagaria.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Anjum Khatoon, W/o Md. Naushad D/O Md. Nizam, Resident of villageBadhawa-Ganeshpur, P.S.- Puraini, District Madhepura at present VillageIslampur, P.S. and District- Khagaria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bishweshwar Ram For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-08-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 393C/2017, disclosing offences under Section 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Allegation as per complaint petition is that petitioner performed Nikah with the complainant at Hyderabad and taken away her money and, thereafter, he did not return and when the complainant came to his village, she was abused and assaulted by the petitioner and other accused persons and they also demanded dowry.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and further there

Patna High Court CR. MISC. No.32392 of 2019(4) dt.20-08-2019 2/3 is no proof of marriage between the petitioner and complainant and the petitioner is aged about 20 years, whereas, the complainant is aged about 40 years and she was pressurizing him to perform Nikah for which, the petitioner has also lodged a sanha in the concerned police station, prior to lodging of this case by the complainant and further the cognizance has been taken only under Section 498A of the Indian Penal Code. Heard learned A.P.P. as well as learned counsel for the complainant opposed the prayer for bail, however, the could not bring any proof of marriage between petitioner and complainant and there is no witness of Hyderabad rather the witnesses are local people.

Having heard both sides, considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Khagaria, in connection with Complaint Case No. 393C/2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure with further subject to the condition that petitioner will

Patna High Court CR. MISC. No.32392 of 2019(4) dt.20-08-2019 3/3 cooperate in disposal of complaint case and appear as and when required by the court, failing which, his bail bonds would be liable to be cancelled.

(Vinod Kumar Sinha, J) sunilkumar/- U T