Jafrul Alam @ Jafrul Sheikh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39740 of 2024 Arising Out of PS. Case No.-234 Year-2018 Thana- COMPLAINT CASE District- Banka ====================================================== 1 .

Jafrul Alam @ Jafrul Sheikh S/O Aakim Sheikh R/O village- Pathra, P.O.- Hadokha, P.S. Saraiyahat, District- Dumka(Jharkhand). 2.

Badi Samina W/O Aakim Sheikh R/O village- Pathra, P.O.- Hadokha, P.S. Saraiyahat, District- Dumka(Jharkhand).

... ... Petitioner/s

Versus

1 .

The State of Bihar 2.

Rubi Khatoon D/O Md. Yunus R/O Village- Laskari, P.O. Jogidha, P.S. and district- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Nandan Prasad , Advocate For the Opposite Party/s :

Mr. Gulnar Begum , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-11-2025 Heard learned counsels for the parties. Despite valid service of notice , nobody appears on behalf of Opposite party No. 2.

2. Petitioners apprehend their arrest in a complaint case registered for the offence punishable under Sections 498A and 323 of IPC and 4 of the D. P Act. 3 . The prosecution case , in brief, is that the marriage of complainant was solemnized with petitioner No. 1 in the year 2017 and after marriage , complainant went to house of her inlaws where , all the accused persons, including these petitioners tortured and harassed complainant for dowry . It is further

Patna High Court CR. MISC. No.39740 of 2024(4) dt.20-11-2025 2/3 alleged that accused persons ousted her from matrimonial house due to non-fulfillment of demand of dowry of Rs. 1 lakh .

4. It is submitted by learned counsel for petitioners that the petitioner No. 1 is husband of complainant. Petitioners are innocent and have committed no offence . Petitioners have never tortured or harassed the victim. It is lastly submitted that the case is triable by the Magistrate . In this connection, learned counsel for petitioners has relied upon the judgment of this Hon'ble Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. Petitioner claims clean antecedent. 5 . On the other hand, learned A.P.P. for the State vehemently opposed the prayer for grant of anticipatory bail to petitioners.

6. Considering the aforesaid facts and circumstances, nature of accusation, clean antecedents of these petitioners and other circumstances of the case , the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.39740 of 2024(4) dt.20-11-2025 3/3 amount each to the satisfaction of learned Sub-Divisional Magistrate Banka in connection with Complaint Case No. 234 of 2018 , subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T