Jahangir Asgar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73062 of 2023 Arising Out of PS. Case No.-188 Year-2023 Thana- JOGAPATTI District- West Champaran ====================================================== Jahangir Asgar S/O Gambhir Ansari R/O Village- Bahuarwa, Ps. Sanichari, Dist. West Champaran ... ... Petitioner/s
Versus
1.
The State Of Bihar Bihar 2.
Aseya Khatoon W/O Jahangir Asgar R/O Bahuarwa, Ps. Sanichari, Dist.West Champaran At Present Resident Of Village- Khardeul Mahna, Ps. Chanpatiya, Dist. West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raki Alam, Advocate For the Opposite Party/s :
Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-11-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioner and learned counsel for the informant as well as learned Additional Public Prosecutor for the State.
3. The petitioner is apprehending his arrest in a case in connection with Jogapatti (Sanichari) P.S. Case No. 188 of 2023 dated 10.05.2023 registered for the offence/s punishable u/ss 147, 148, 341, 323, 307 and 498A of the Indian Penal Code and 3⁄4 of the DP Act.
4. As per the prosecution case, the petitioner and the
Patna High Court CR. MISC. No.73062 of 2023(2) dt.23-11-2023 2/3 co-accused persons are alleged to have tortured the informant mentally and physically due to non-fulfillment of demand of a motorcycle as dowry.
5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is the husband of the informant. The petitioner neither demanded any dowry nor tortured the informant. There is general and omnibus allegation against the petitioner. The petitioner has relied upon the judgment of this Court in the case of "Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182." Learned counsel has further submitted that Section 498A of the IPC is triable by the Magistrate. Learned counsel has further relied on the judgments in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Anr passed in Criminal Appeal No(s). 2207 of 2023 arising out of Special Leave Petition (CRL.) No. 3433 of 2023. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.
6. Learned counsel for the informant as well as Learned A.P.P. for the State has vehemently opposed the
Patna High Court CR. MISC. No.73062 of 2023(2) dt.23-11-2023 3/3 anticipatory bail petition of the petitioner.
7. Considering the aforesaid facts and circumstances of the case, 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. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Bettiah, West Champaran in connection with Jogapatti (Sanichari) P.S. Case No. 188 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
8. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.
9. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T