Md. Jawed Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69429 of 2024 Arising Out of PS. Case No.-2091 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Md. Jawed Alam Son of Late Akil Ahmad Resident of Village-Ajimabad,P.S. -Ajimabad, District- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anjum Parveen Wife of Md. Jawed Alam, D/O- Md. Najruddin Ansari Resident of Ajimabad, P.S. -Ajimabad, District -Bhojpur, currently resident of Ainkhan, P.S.- Dulhinbazar, Distt.- Patna and also Resident of MohallaSabjibag, P.S.- Pirbahore, Distt.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Patanjali Rishi, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-01-2025 Heard Mr.Patanjali Rishi, learned counsel for the petitioner, learned counsel for the informant and Mr.Anil Kumar, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Complaint Case No.2091 of 2019, dated 23.05.2019 registered for the offences punishable under Sections 498A, 494 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 and cognizance has been taken under Sections 498A r/w 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.

3. Allegation against the petitioner and other co-

Patna High Court CR. MISC. No.69429 of 2024(3) dt.22-01-2025 2/3 accused persons is of committing torture upon the victim due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. Further submits that from a bare perusal of the complaint petition it appears that the marriage was performed with the petitioner on 17.06.2007 but between the period 2007-2019 the complainant has not filed any complaint petition against the petitioner but all of a sudden in the year 2019, she has filed the present complaint petition only to harass the petitioner.

5. Learned counsel for the complainant submits that she is ready to live with the petitioner.

6. Considering the aforesaid facts and petitioner has clean antecedent, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released 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, Patna in connection with Complaint Case No.2091 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.69429 of 2024(3) dt.22-01-2025 3/3 Criminal Procedure/Section 482(2) of BNSS,2023 and with other following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T