Abdullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70517 of 2023 Arising Out of PS. Case No.-50 Year-2019 Thana- BARURAJ District- Muzaffarpur ====================================================== ABDULLAH son of Rezaullah Village- Chakwa Ps- Baruraj DistMuzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Raunak Afroz D/o- Md. Ahsan Village- Paroo Majhaulia Bichla Ps- Paroo Dist- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Parasmani, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Baruraj P.S. Case No. 50 of 2019 dated 06.03.2019, instituted for the offence punishable under Sections 341, 323, 506, 498/A of the Indian Penal Code.

3. The prosecution case, in short, is that the informant alleged that her marriage was solemnised with the petitioner on 17.07.2010. The informant stated that her in laws members is residing in Madina (Saudi Arab). When she was blessed with one girl child and she went to Madina, she found that her in laws members are indulged in anti-India activities. When she

Patna High Court CR. MISC. No.70517 of 2023(2) dt.01-11-2023 2/3 opposed, her in laws family members tortured her severely. She was abused, assaulted and not provided meal. Lastly she was driven out from matrimonial home.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that petitioner is the husband of the informant and after nine years of marriage, the informant has filed the present case with false and concocted allegation. It is further stated that the informant contracted second marriage with one Md. Reyaz. It is further submitted that despite the notice by the Sessions Court, she did not appear before the lower court. It is further stated that petitioner was living at Madina, so he had no knowledge about this case. In the year 2022, the petitioner visited his native place, then he came to know about this case. Lastly, it has been submitted that the petitioner has no criminal antecedents.

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

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Baruraj P.S. Case No.

Patna High Court CR. MISC. No.70517 of 2023(2) dt.01-11-2023 3/3 50 of 2019, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Muzaffarpur, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) Sankalp/- U T