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Patna High CourtCR. MISC./61290/2023allowed

Md. Alam @ Alam Parwanad @ Md. Alam Parwana v. The State Of Bihar

2024-05-15Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61290 of 2023 Arising Out of PS. Case No.-639 Year-2022 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== MD. ALAM @ ALAM PARWANAD @ MD. ALAM PARWANA S/O LATE MD. HASIM VILLAGE- PADMA, PS- LADANIYA, DIST- MADHUBANI ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SADIYA PRAVEEN W/O MD. ALAM @ ALAM PARWANAD @ MD. ALAM PARWANA VILLAGE- PADMA, PS- LADANIYA, DISTMADHUBANI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagandeo Yadav, Advocate Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned APP for the State but in spite of valid service of notice none is present on behalf of opposite party no.2

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 307, 379, 323, 504 and 506 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

Patna High Court CR. MISC. No.61290 of 2023(5) dt.15-05-2024 2/2

4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. 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.

5. In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No.639 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., (Anjani Kumar Sharan, J) Trivedi/- U T