Fareed Ahmad @ Md. Farid Ahmad @ Farid Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48581 of 2023 Arising Out of PS. Case No.-248 Year-2022 Thana- AMDABAD District- Katihar ====================================================== Fareed Ahmad @ Md. Farid Ahmad @ Farid Ahmad S/O Sheikh Jahangir @ S.K. Jahangir @ Md. Jahangir R/O Village- Naya Tola, Mir Chouk, Ps. Amdabad, Dist. Katihar ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Chaman Ara W/O Fareed Ahmad @ Md. Farid Ahmad @ Farid Ahmad, D/O Master Fazal Ahmad Presently Resides At Village And P.O.- Morsanda, Ps. Falka, Dist. Katihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Qumrul Hoda For the Opposite Party/s :
Mrs.Veena Kumari Jaiswal For the Informant :
Mr. Vipin Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Amdabad Case No. 248 of 2022, arising out of Complaint Case No. 1282/2021, for the offences punishable under Sections 498A, 420, 406, 323, 307, 506 of the Indian Penal Code and section 3/4 of the D.P. Act.
3. As per the prosecution case, the petitioner and coaccused persons are alleged to have tortured the informant mentally and physically and ousted her from the matrimonial home due to non-fulfillment of demand of dowry.
Patna High Court CR. MISC. No.48581 of 2023(5) dt.04-03-2024 2/3
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. It is further submitted that the petitioner is the husband of the informant. The petitioner neither demanded any dowry nor tortured the informant. The petitioner is ready to keep the complainant (O.P. No.2) with full dignity and honour. There is case and counter case between both the parties. The petitioner has relied upon the judgment of this Court in the case of "Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182." Learned counsel has further relied on the judgments in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Anr. Passed in Criminal Appeal No(s). 2207 of 2023, arising out of Special Leave Petition (CRL.) No. 3433 of 2023. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus
Patna High Court CR. MISC. No.48581 of 2023(5) dt.04-03-2024 3/3 against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Katihar in connection with Amdabad Case No. 248 of 2022, arising out of Complaint Case No. 1282/2021, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further conditions:- (i) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. 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.
8. The application stands allowed.
(Chandra Prakash Singh, J) Ranjeet/- U T