Md Nasim @ Naseem Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44306 of 2023 Arising Out of PS. Case No.-349 Year-2022 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== MD NASIM @ NASEEM AKHTAR S/O MD. KAUSAR ALI R/O VILLAGE- JALWABAG, P.O. AND PS. AND DIST. KODARMA, STATEJHARKHAND). ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

CHANDANI PARWEEN W/O MD. NASEEM AKHTAR, D/O ABDUL WAHAB R/O VILLAGE AND P.O.- SABBAIT, PS. AND DIST. NALANDA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Ranjan Sinha, Adv.

For the State :

Mr.Md. Nazir Ansari, APP For the O.P. No.2 :

Mr.Anwar Karim, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner, learned counsel for the O.P. No.2 and learned APP for the State. 2.

The petitioner apprehends his arrest in a case registered under sections 498(A) of the IPC.

3.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. 4.

It is submitted by learned counsel for the petitioner that petitioner is an innocent person and has committed no offence. Petitioner has never made any dowry demand and has been falsely implicated in the present case due to grudge. The petitioner has relied upon the judgment of this Court in the case

Patna High Court CR. MISC. No.44306 of 2023(2) dt.22-08-2023 2/2 of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182. It is submitted that the petitioner is ready and willing to keep his wife with full honour and dignity.

5.

Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Complaint Case No.349C/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. 6.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Anjani Kumar Sharan, J) pallavi/- U T