Gulzar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51304 of 2023 Arising Out of PS. Case No.-1359 Year-2021 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== GULZAR ALAM SON OF MD IMAMUDDIN R/O-GOSAIPUR, P.S.- BALRAMPUR, DISTT.-KATIHAR ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

UMME HABIBA WIFE OF GULZAR ALAM R/O-KADWA ROAD BAISI TOLA, P.S.-BAISI, DISTT.-PURNEA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Complaint Case (C.A.) No. 1359 of 2021, for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of the D.P. Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the complainant mentally and physically due to the non-fulfillment of the demand of Rs. 2,00,000/- and her share of land as dowry.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.51304 of 2023(3) dt.21-02-2024 2/3 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 complainant. The petitioner neither demanded any dowry nor tortured the complainant. The petitioner has no criminal antecedent. 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.

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 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

Patna High Court CR. MISC. No.51304 of 2023(3) dt.21-02-2024 3/3 the like amount each to the satisfaction of the learned court concerned, Purnea in connection with Complaint Case (C.A.) No. 1359 of 2021, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition:- (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