Md. Neyazuddin @ Md. Niyajauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48307 of 2024 Arising Out of PS. Case No.-2226 Year-2023 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Md. Neyazuddin @ Md. Niyajauddin Son of Md. Kamaruddin Resident of Vill- Sherpur, P.S.- Vidhyapati Nagar, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar Patna 2.

Jarina Khatoon Wife of Neyazuddin, D/O- Late Md. Nayeem Resident of Vill- Sherpur, P.S.- Vidhyapati Nagar, District- Samastipur, Presently Residing at Vill- Bathua Bujurg, P.S.- Musarigharari, District- Samastipur, Mob. No.- 827535534 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubhesh Pandey, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 20-03-2025 In pursuance to the earlier order dated 12.02.2025 both parties appeared with his counsel in Chambers proceeding. Heard the parties.

2. The petitioner is apprehending his arrest in connection with C.R. Case No. 2226 of 2023 for the offence under Sections 147, 148, 149, 323, 307, 379, 406, 498A, 504, 506 and 34 of the I.P.C. and 4 of Dowry Prohibition Act.

3. It is a case of matrimonial dispute between the parties. Petitioner is the husband of opposite party no. 2 - (complainant). Allegation against the petitioner and his family members is of torturing, assaulting and ousting the informant

Patna High Court CR. MISC. No.48307 of 2024(6) dt.20-03-2025 2/3 from her matrimonial house due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that petitioner is quite innocent, committed no offence and has been falsely implicated in this case. No any occurrence has ever been taken place as alleged by the complainant. He further submits that the complainant had left her matrimonial house on her own will without any valid reason.

5. Learned APP opposes the prayer of anticipatory bail.

6. During course of argument learned counsel for the petitioner further submits that petitioner is ready to pay Rs. 2,000 per month as maintenance of his minor daughter to show his bona-fide conduct. The above amount of maintenance will be adjusted in any future allowances awarded by any competent Court. Two months advance maintenance amount will be paid at the time of filing bail bond by this petitioner and he will file an undertaking before the Trail Court at the time of filing bail bond regarding payment of aforesaid amount timely.

7. Keeping in view the aforesaid facts, let the petitioner be enlarged on anticipatory bail.

8. Let the petitioner be released on bail in the event of

Patna High Court CR. MISC. No.48307 of 2024(6) dt.20-03-2025 3/3 arrest or surrender within a period of four weeks from the receipt/production of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned S.D.J.M., Samastipur in connection with C. R. Case No. 2226 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (S. B. Pd. Singh, J) prabhakar/- U T