Noor Alam @ Nooralam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61320 of 2024 Arising Out of PS. Case No.-730 Year-2024 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Noor Alam @ Nooralam S/o Mokhtar Mian R/O-Supauli, P.s- Mahammadpur, District- Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shabana Khatoon W/o Noor Alam @ Nooralam, D/o Jumadin r/o vill - Jangaliya, ward no. 15, P.S. - Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashank Shekhar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 20-03-2025 In pursuance to the earlier order dated 27.02.2025, both the parties appeared with their respective counsel in Chambers proceeding.

2. Heard the parties.

3. The petitioner is apprehending his arrest in connection with Complaint Case No. 730 of 2024 for the offence under Sections 498A of the Indian Penal Code.

4. It is a case of matrimonial dispute between the parties. Petitioner is the husband of opposite party no. 2 (complainant). Allegation against the petitioner and his family members is of torturing, assaulting and ousting the complainant from her matrimonial house due to non-fulfillment of dowry

Patna High Court CR. MISC. No.61320 of 2024(6) dt.20-03-2025 2/3 demand.

5. Learned counsel for the petitioner submits that petitioner is quite innocent, committed no offence and has been falsely implicated in this case. The allegations leveled by the complainant are absolutely false and concocted. In fact, complainant did not want to live with petitioner. Petitioner and his family members have always been willing to support the complainant and keep her with full honour and dignity, however, the complainant is adamant about torturing the petitioner and his family.

6. Learned Additional Public Prosecutor opposes the prayer of anticipatory bail.

7. During course of argument learned counsel for the petitioner submits that petitioner is ready to pay Rs. 5,000/- (five thousand) per month as maintenance for his wife (complainant) to justify his conduct. The above amount of maintenance will be adjusted in any future allowances awarded by any competent Court. Two months advance amount will be paid at the time of filing bail bond. Regarding the above facts, petitioner will give an undertaking in the Court below at the time of filing bail bond.

8. Keeping in view the aforesaid facts, let the

Patna High Court CR. MISC. No.61320 of 2024(6) dt.20-03-2025 3/3 petitioner be enlarged on anticipatory bail in the event of arrest or surrender within a period of four weeks from the receipt/production of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, II nd Class, Gopalganj in connection with Complaint Case No. 730 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(S. B. Pd. Singh, J) prabhakar/- U