Abulaish Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37578 of 2022 Arising Out of PS. Case No.-301 Year-2021 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.
ABULAISH ALAM SON OF LATE ZAINUL MIYA RESIDENT OF VILLAGE- RAMGARHWA BAZAR, P.S.- RAMGARHWA, DISTRICTEAST CHAMPARAN 2.
JAITUN NESHA WIFE OF ABULAISH ALAM RESIDENT OF VILLAGE- RAMGARHWA BAZAR, P.S.- RAMGARHWA, DISTRICTEAST CHAMPARAN 3.
NAUSHAD ALAM SON OF ABULAISH ALAM RESIDENT OF VILLAGE- RAMGARHWA BAZAR, P.S.- RAMGARHWA, DISTRICTEAST CHAMPARAN 4.
DILSHAD ALAM SON OF ABULAISH ALAM RESIDENT OF VILLAGE- RAMGARHWA BAZAR, P.S.- RAMGARHWA, DISTRICTEAST CHAMPARAN ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
NAJRANA KHATOON WIFE OF MUNNA ALAM, D/O- MUSTAFA MIAN RESIDENT OF VILLAGE- TAJPUR MILKY (GOCHHI), P.S.- KESARIYA, DISTRICT- EAST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhurendra Kumar, Advocate For the Opposite Party/s :
Ms. Asha Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
The complainant alleges that she was married to
Patna High Court CR. MISC. No.37578 of 2022(2) dt.01-12-2022 2/3 Munna Alam on 28.03.19, further after marriage Rs. 1,00,000/- and a motorcycle was being demanded by way of dowry, further she along with her baby were ousted for non-fulfillment of the demand.
Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the present case, it is next submitted that whenever any dispute between the husband and wife arises then the entire family members stands implicated based on a general and omnibus allegation. Learned counsel next submits that it is the duty of the husband to ensure that the wife live with dignity and honour.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Motihari Complaint
Patna High Court CR. MISC. No.37578 of 2022(2) dt.01-12-2022 3/3 Case No. 301 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) GauravSinha/- U T