Faijur Rub @ Faijur Rab @ Faijur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50447 of 2024 Arising Out of PS. Case No.-40 Year-2023 Thana- MAHILA P.S. District- Nawada ====================================================== Faijur Rub @ Faijur Rab @ Faijur S/o Late Abdur Rab R/o MohallaBhadauni, Road No.-02, P.S.-Nawada, District-Nawada ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Zartaj Naza Khanam D/o Dr. Abu Nasar R/o Village-Kosi, P.S.-Roh, District-Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 13-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Mahila P.S. Case No. 40 of 2023 for the offence under Sections 341, 323, 498A, 494, 504, 506, 34 of the I.P.C. and Section 3/4 of the Dowry Prohibition Act lodged on 20.10.2023.

3. As per the prosecution story, the marriage of petitioner was solemnised with the informant and thereafter she went to her matrimonial house where she came to know that her husband was already married and he fraudulently

Patna High Court CR. MISC. No.50447 of 2024(4) dt.13-02-2025 2/3 solemnised his second marriage with the informant. It is further alleged by the informant that her in-laws always tortured her for demand of dowry and consequently, she was driven out from her matrimonial house. Recently, she came to know that her husband has performed third marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation against the petitioner except he is the husband of the informant. Learned counsel further submits that the informant was always making pressure upon the petitioner to reside separate from his family members and when it was refused by the petitioner, this F.I.R. has been lodged implicating all the family members. It is also submitted that the petitioner is ready to maintain his wife and ready to pay Rs. 4,000/- (Four Thousand) for her maintenance.

5. Learned APP opposes the prayer for bail.

6. Keeping in view the aforesaid facts this Court is inclined to grant him the privilege of anticipatory bail. As per the above submission, the petitioner is directed to deposit the above amount of maintenance in the Trial Court by the 10th day of each month which will be adjusted in any future maintenance.

Patna High Court CR. MISC. No.50447 of 2024(4) dt.13-02-2025 3/3

7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt 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 Judicial Magistrate - 1st Class, Nawada, in connection with Mahila P.S. Case No. 40 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(S. B. Pd. Singh, J) Ankit Kumar/- U T