Md Ajeem v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42316 of 2023 Arising Out of PS. Case No.-712 Year-2022 Thana- MAHUA District- Vaishali ====================================================== MD AJEEM S/O LATE ABDUL SATTAR R/O Village- Mirzapur, PS. Mahua, Dist. Vaishali ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

MANUARA KHATOON @ MANAWARA KHATUN W/O MD. AJEEM, D/O MD. SARIF R/O Village- Mirzapur, PS. Mahua, Dist. Vaishali, at Present R/O Village- S.K. Akbar Ali Road, Tilani, para, PS. Chinsurah, Dist. Hoogali, West Bengal ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-08-2023

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Mahua P.S. Case no.712 of 2022 registered for the offence punishable under sections 498A, 504, 506, 313 and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

3. As per the prosecution case, it is stated by the informant that she was married to the petitioner about four years ago. It is further stated that the accused persons including the petitioner herein used to assault her and also threatened her that

Patna High Court CR. MISC. No.42316 of 2023(2) dt.22-08-2023 2/3 she should get Rs.5 lacs from her father. On not fulfilling the demand, it is stated that she was mentally tortured and food was not given to her. On an occasion, she was also forced to abort.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case on account of being the husband of the informant. The allegations are false and concocted besides being general and omnibus in nature. No injury report has been produced by the informant and the petitioner is still ready to keep the informant with all respect and dignity to which a lady is entitled. The petitioner has no criminal antecedent.

5. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and taking into consideration the contents of the order of the learned trial Court from which it transpires that inspite of the matter being referred for mediation, the same could not proceed because of the continuous absence of the petitioner together with direct allegation in the F.I.R. against the petitioner, who happens to be the husband of the informant, the Court is not inclined to enlarge the petitioner on anticipatory bail and the application is rejected.

Patna High Court CR. MISC. No.42316 of 2023(2) dt.22-08-2023 3/3

7. The petitioner is directed to surrender in the Court below within a period of four weeks.

(Partha Sarthy, J) Saurabh/- U T