Awesh Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41504 of 2024 Arising Out of PS. Case No.-615 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== Awesh Alam Son Of Aslam Ali Ansari @ Aslam Ali Village- Tribhuwani, PsBarahara ( Krishnaarh ) Dist- Bhojpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Najiya Pravin Wife Of Awesh Alam Village- Tribhuwani, Ps- Barahara ( Krishnaarh ) Dist- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh For the Opposite Party/s :
Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 25-02-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Sections 498(A)/34 of the I.P.C. and Section 3⁄4 of D.P. Act.
3. As per the allegation, complainant was married to petitioner in the year 2022. It is further alleged that petitioner and other accused persons assaulted and started torturing the informant for additional dowry demand.
4. From perusal of the mediator's report (Flag 'M'),
Patna High Court CR. MISC. No.41504 of 2024(6) dt.25-02-2025 2/3 it appears that the dispute between the parties could bot be settled through the process of mediation. Hence, mediation failed.
5. In pursuance to the direction of this Court, both parties appeared with their respective counsel. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in the present case. It is further submitted that no any demand of dowry has taken place ever. During course of argument it is further submitted by learned counsel for the petitioner that petitioner is regularly paying Rs. 10,000/- (ten thousand rupees) as maintenance to his wife (O.P. No. 2). A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
6. Learned A.P.P. for the State as well as learned counsel for the informant has vehemently opposed the prayer of bail and submitted that mediation failed.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The
Patna High Court CR. MISC. No.41504 of 2024(6) dt.25-02-2025 3/3 petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Barahara (Krishnagarh) P.S. Case No. 615 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(S. B. Pd. Singh, J) Nirajkrs/- U T