Md. Afsar @ Afsar Nasiruddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55564 of 2025 Arising Out of PS. Case No.-1821 Year-2023 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Md. Afsar @ Afsar Nasiruddin S/O Late Nasimuddin R/O Village- Ganjsafar Masjid Sarda Tola, P.S.- Bhawanipur, Distt.- Purnea At Present R/O Vastu Udyog Ajmera Colony, P.O.- Pimpri, P.S.- Sant Tukaram Nagar, Kaanhur Mesaai, P.S.- Kaanhur, Dist.- Pune (Maharashtra) ... ... Petitioner/s
Versus
1.
The State of Bihar Patna 2.
Shabnam Khatoon @ Shabnam Parween W/O Md. Afsar R/O Vill.- Unaso Pachgachhi, P.O.- Salmari, P.S.- Balia Belon, Dist.- Katihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Singh For the Opposite Party/s :
Mr.Gulnar Begum For the Informant :
Mr. Ghulam Khaus ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-11-2025 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with CA Case No. 1821 of 2023 registered for the offence/s punishable u/s 498A of the Indian Penal Code and 3⁄4 of the DP Act.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant mentally and physically due to non-fulfillment of demand of
Patna High Court CR. MISC. No.55564 of 2025(3) dt.04-11-2025 2/3 dowry.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the husband of the informant. The petitioner neither demanded any dowry nor tortured the informant. There is general and omnibus allegation against the petitioner. Learned counsel for 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 submitted that Section 498A of the IPC is triable by the Magistrate. 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 at para 3 of the bail petition.
5. Learned counsel for the informant as well as learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.55564 of 2025(3) dt.04-11-2025 3/3 of the case as well as the allegation being general and omnibus, 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. 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 CA Case No. 1821 of 2023, subject to conditions as laid down under section 482(2) of the BNSS.
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) guddukr/- U T