Patna High CourtCR. MISC./70495/2024bail granted

Sadre Alam @ Sadre Alam Mian v. The State Of Bihar

2025-03-22Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70495 of 2024 Arising Out of PS. Case No.-1823 Year-2019 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Sadre Alam @ Sadre Alam Mian Son of Amin Mian Village- Sabeya Khurd Bandi Patti Laxmipur, Ps- Sirisiya Dist- West Champaran ... ... Petitioner/s

Versus

The State of Bihar 2.

Khusbu Khatoon W/o- Sadre Alam, D/o- Manjur Mian Village- Sabeya Khurd Bandi Patti Laxmipur, Ps- Sirisiya Dist- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akshay Ashish, Adv.

For the State :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-03-2025 Learned Counsel for the petitioner and Learned APP for the State are present. No one appears on behalf of the Opposite Party No. 2, despite the issuance of notice.

2. The petitioner is apprehending arrest in connection with Complaint Case No. 1823C of 2019, lodged on 15.11.2019, under Sections 323, 494 and 498(A) of the Indian Penal Code.

3. As per the prosecution, the complainant, who is the wife of accused no. 1, alleges that the marriage was solemnized on 17.03.2015, and from the conjugal life, they have one son and one daughter. However, since 2017-2018, the petitioner began living with another woman and later entered into marriage with her. As a result, the complainant filed the present case, and cognizance has been taken under Sections 323, 494, and 498A of the Indian Penal Code. In the complaint petition, the complainant mentions that she tried to persuade the petitioner, but he has not

Patna High Court CR. MISC. No.70495 of 2024(5) dt.22-03-2025 2/2 appeared.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offense. Counsel further submits that the petitioner's antecedents are clean. Counsel further submits that the allegations made in the complaint are false and fabricated, and for this reason, the opposite party no. 2 has not opted to appear and contest this case.

5. Learned APP for the State opposes the prayer for bail.

6. As such, considering the aforesaid facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Bettiah, West Champaran in connection with Complaint Case No. 1823C of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dr. Anshuman, J.) Aman Kumar/- U