Md. Sarafat @ Sarafat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60622 of 2024 Arising Out of PS. Case No.-1694 Year-2022 Thana- COMPLAINT CASE District- Araria ====================================================== Md. Sarafat @ Sarafat, Son of Sheikh Halim, R/o Village- Farsadangi P.S.- Palasi, District- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bibi Anwari Wife of Sarafat @ Md. Sarafat, D/O- Jaffar @ Jumman R/o Village- Ramnagar P.S.- Palasi, District- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhav Jha, Advocate Mr. Nishant Choudhary, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-09-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Araria Complaint Case no. 1694-C of 2022 registered under section 498A of the Indian Penal Code.

3. As per the prosecution case, the complainant states that she was married to the petitioner about eight years ago. The accused persons abused and tortured her for non-fulfillment of the demand of dowry which was by way of Rs.2 lacs. Finally, she was ousted from the house and she started to live with her parents where a child was born.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case only for the

Patna High Court CR. MISC. No.60622 of 2024(2) dt.19-09-2024 2/2 reason of his being the husband of the complainant. The dispute between the parties was trivial in nature as in any other family. Referring to the order of the learned Court below it is submitted that it was the complainant who refused to go in the company of the petitioner. The petitioner has no criminal antecedent.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the complaint together with the petitioner not having any criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Araria Complaint Case no. 1694-C of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Araria. (Partha Sarthy, J) avinash/- U T