Fool Ahmad @ Md. Fool Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73344 of 2022 Arising Out of PS. Case No.-71 Year-2022 Thana- BISFI District- Madhubani ====================================================== FOOL AHMAD @ MD. FOOL AHMAD Son of Izhar Ahmad R/v- Izra, P.S.- Rahika, District- Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha, Advocate For the Opposite Party/s :

Ms.Sucheta Yadav,A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

08-05-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 323, 341, 376, 448, 379, 498(A), 504, 506/34 of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act.

Allegation against petitioner is of commission of torture and cruelty to the informant for dowry. Petitioner is brother-in-law (Nandosi) of the informant.

It is submitted on behalf of petitioner that there is no specific allegation of demand of dowry or torture against this petitioner. The allegation that petitioner tried to commit rape upon the informant is absolutely false and concocted. In fact, no such occurrence, as alleged in the F.I.R., took place. It is further

Patna High Court CR. MISC. No.73344 of 2022(3) dt.08-05-2023 2/2 submitted that husband of the informant has already been granted anticipatory bail by this Court, vide order dated 01.05.2023 passed in Cr.Misc. No. 62071 of 2022. Petitioner is separate in mess and property and has got no concern with the family affairs of informant and her husband. Petitioner has got clean antecedent.

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

However, considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six 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 A.C.J.M. - I, Madhubani in connection with Bisfi (Patauna O.P.) P.S. Case No. 71 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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