Md. Saddam Husain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64226 of 2024 Arising Out of PS. Case No.-377 Year-2022 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== MD. SADDAM HUSAIN SON OF MANSOOR ANSARI RESIDENT OF BALTHI MAHESHPUR (MEHAR TOLA), P.S. - KURSELA, DISTRICT - KATIHAR ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

ROOBANA PRAVEEN WIFE OF MD. SADDAM HUSAIN, DAUGHTER OF NAJIM KHAN RESIDENT OF OFFICERS COLONY, BUDDHUCHAK, WARD NO. 07, P.S. - SAHAYAK, KATIHAR, DISTRICT - KATIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Sanjeev Kumar Singh, Advocate For the State :

Dr. Kumar Uday Pratap, APP For Opposite Party No.2 :

N o n e ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Despite valid service of notice, nobody appears on behalf of complainant/Opposite Party No. 2.

3.

The petitioner, husband of the complainant/Opposite Party No. 2, apprehends his arrest in a case registered for the offence punishable under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

4. As per the prosecution case, this petitioner is

Patna High Court CR. MISC. No.64226 of 2024(3) dt.08-01-2025 2/3 alleged to have committed torture and harassment upon the complainant/Opposite Party No. 2 due to non-fulfillment of demand of dowry.

5. Learned counsel appearing on behalf of the petitioner, while denying the allegations made in the F.I.R., submits that the petitioner has been falsely implicated in this case merely because he is husband of the complainant/Opposite Party No. 2. However, it is submitted that the petitioner is ready to keep the complainant/Opposite Party No. 2 at her matrimonial house with honour and dignity. It is further submitted that the case is triable by the Magistrate. In this connection, learned counsel for the petitioner has relied upon the judgment of this Hon'ble Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. Petitioner claims clean antecedents.

6. Considering the aforesaid facts and circumstances of the case, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of

Patna High Court CR. MISC. No.64226 of 2024(3) dt.08-01-2025 3/3 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Katihar, in connection with C.A. Case No. 377 of 2022, subject to the conditions, as laid down under Section 438(2) of the Code of Criminal Procedure.

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