Md. Jubair @ Md. Zuber Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68152 of 2024 Arising Out of PS. Case No.-369 Year-2023 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Md. Jubair @ Md. Zuber Alam S/o- SK. Siddique Resident of villageAmdabad Paschim, Tola Near Madarsa ward no 8 PS- Amdabad DistrictKatihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pinki Khatoon W/o- Md. Jubair, D/o- Shamsul Resident of villageAmdabad Paschim, Tola Near Madarsa ward no 8 PS- Amdabad DistrictKatihar, A/P- Amdabad Paschim Tola W.No-2, Ps- Amdabad Dist- Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md Musowir, Advocate For the Opposite Party/s :

Mr.Arun Kumar Singh, APP For the O.P. No. 2 :

Mr. Sanjeev Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 17-04-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with C.A. Case no.369 of 2023 registered under sections 376, 384, 406, 498A, 354B, 120B, 420 and 34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

3. As per the prosecution case, the complainant states that on 20.02.2022 at about 2:00 p.m., the petitioner committed rape upon the complainant at the Biscuit Factory whereafter the marriage was solemnized between them vide an affidavit no. 03 of 2022 dated 05.05.2022. After few days of her marriage, she was abandoned at her parents home for non-fulfillment of

Patna High Court CR. MISC. No.68152 of 2024(4) dt.17-04-2025 2/3 demand of Rs. 6,00,000/- as dowry. She further states that a boy child was born out of their wedlock.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. He denies the very factum of marriage and submits that complainant is already married. The filing of the instant case only to extort money from the petitioner. He further submits that the allegations of unlawful demand of dowry is also false on account of the fact that the marriage had happened by way of an affidavit. The entire allegations of rape etc., made in the complaint is false and concocted as cognizance has been taken by the learned Magistrate is only under Section 498A of the Indian Penal Code and Section 4 of the D.P. Act. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State and learned counsel for the informant.

6. At this stage, learned counsel for the petitioner submits that the petitioner makes an offer to pay Rs. 3,000/- to his wife in the second week of every month for her basic requirements along with her child. It goes without saying that the aforesaid payment shall be subject to any order passed in

Patna High Court CR. MISC. No.68152 of 2024(4) dt.17-04-2025 3/3 matrimonial maintenance case or any other collateral proceeding.

7. Considering the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with C.A. Case no.369 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrat, Katihar, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that the petitioner shall co-operate in the investigation/trial.

8. If the opposite party no. 2 furnishes the Bank account in which the amount can be transferred and yet the petitioner fails to make the aforesaid payment of Rs. 3,000/- on two consecutive dates, the opposite party no. 2 would be at liberty to file cancellation of bail.

(Soni Shrivastava, J) Harsh/- U T