Md. Nasrul @ Nasrul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52913 of 2024 Arising Out of PS. Case No.-132 Year-2021 Thana- MAHILA P.S. District- Araria ====================================================== MD. NASRUL @ NASRUL S/O LATE MD. YUNUS @ YUNUS R/O VILLAGE- JHIRWA PURWARI, WARD NO. 10, P.S- SIMRAHA, DISTT.- ARARIA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :
Mr. Satyendra Narayan Singh, A.P.P.
For the Informant :
Mr. Vijay Kishore Bharti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner, informant and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with Mahila P. S. Case No. 132/2021 in a case registered for the offence punishable under Sections 376, 341, 323/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
3. It is alleged that on the pretext of marriage, this petitioner established physical relation with informant and after two months, refused to marry.
4. Learned counsel for the petitioner submits that entire allegation against petitioner is false and concocted. As a matter of fact, informant was earlier married with Md. Sivli Nomani against whom she filed Complaint Case No. 903 of
Patna High Court CR. MISC. No.52913 of 2024(3) dt.18-10-2024 2/3 2013 making allegation that on 8.11.2012, on the pretext of marriage, Md. Sivli Nomani kidnapped her from the house of her parents, for which her father also filed a complaint at Simraha Police Station and on the basis of the said complaint, Md Sivli performed marriage with her on 11.11.2012 as per muslim ritual. Subsequently, in the year 2014, informant married with elder brother of petitioner but after unfortunate death of her husband, she under a conspiracy developed this false and concocted story only with a view to grab the property and father of petitioner has already transferred 2 1⁄4 bighas of land to the son of informant. Petitioner is working in Devi Agro Fuels situated in Bangalore since 2018 and he has annexed certificate to that effect vide Annexure-P/5. Petitioner is in custody since 27.03.2024. Charge-sheet has already been submitted.
5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application.
6. Considering the aforesaid facts and circumstances of the case and period of custody, the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the
Patna High Court CR. MISC. No.52913 of 2024(3) dt.18-10-2024 3/3 like amount each to the satisfaction of Additional Chief Judicial Magistrate-V, Araria in connection with Mahila P. S. Case No. 132/2021.
(Prabhat Kumar Singh, J) Navya/- U T