Noor Hussain @ Chhedia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60354 of 2025 Arising Out of PS. Case No.-175 Year-2023 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Noor Hussain @ Chhedia S/o- Md. Najiruddin R/o- Farasot Bairgachhi PsBairgachhi Dist- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anjum Khatoon W/o- Noor Hussain @ Chhedia, D/o- Late Ainul Haque R/o- Azamnagar, Nalkuppa Kajipura Ps- Azamnagar Dist- Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amritanshu Dangi, Mr. Aatif Iqbal, Advocates For the Opposite Party/s :

Mr. Shailendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-12-2025 Despite valid service of notice, none appears on behalf of the opposite party no. 2.

2. Heard learned counsel for the petitioner and the State.

3. The petitioner apprehends arrest in a case registered for the offence punishable under Section 498(A) of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

4. As per prosecution case, all the named accused persons including this petitioner tortured and harassed the complainant for non-fulfillment of demand of dowry.

5. It is submitted on behalf of petitioner that petitioner happens to be husband of the complainant and present case has been lodged due to petty family dispute. There is general and

Patna High Court CR. MISC. No.60354 of 2025(3) dt.01-12-2025 2/2 omnibus allegation of commission of assault against him. It is further submitted that petitioner is ready to keep the complainant, 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.

6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of petitioner.

7. Considering the aforesaid facts and circumstances, this anticipatory bail is allowed and it is ordered that let the above named petitioner, in the event of his arrest/surrender within a period of eight 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 Sub-Divisional Judicial Magistrate, Katihar in connection with Complaint Case No. 175 of 2023, subject to condition as laid down under Section 482(2) of the BNSS.

(Prabhat Kumar Singh, J) Navya/- U T