Shahrukh Anwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58407 of 2022 Arising Out of PS. Case No.-857 Year-2019 Thana- SASARAM NAGAR District- Rohtas ====================================================== SHAHRUKH ANWAR S/O DOCTOR ANWAR @ ANWARUL HAQUE Resident of Chaukhandi, P.S.- Sasaram (Town), District- Rohtas ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

NAGMA PARWEEN W/O SHAHRUKH ANWAR Resident of Chaukhandi, P.S.- Sasaram (Town), District- Rohtas.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Md Fazle Karim, Advocate For the State :

Mr.Yogendra Kumar Singh,APP For the O.P.-2 :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State. Despite valid service of notice, nobody appears on behalf of opposite party no. 2.

The petitioner apprehends his arrest in a case registered for the offence under Sections 341/342/323/328/307/498(A)/ 34 of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act.

It is alleged that this petitioner alongwith his family members committed torture and harassment with the informant for dowry.

It is submitted on behalf of petitioner that petitioner happens to be husband of the informant and present case has

Patna High Court CR. MISC. No.58407 of 2022(4) dt.01-05-2023 2/2 been lodged due to petty family dispute. There is general and omnibus allegation of commission of assault against him. It is further submitted that petitioner is ready to keep the informant, as his wife, with full honour and dignity. It is next submitted that the case is triable by the Magistrate. In this connection, petitioner has relied upon a 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 A.P.P. for the State has opposed the prayer for anticipatory bail of petitioner.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Rohtas, Sasaram in connection with Sasaram Nagar P.S. Case No. 857 of 2019, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T