Md. Azaad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70743 of 2022 Arising Out of PS. Case No.-509 Year-2019 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== MD. AZAAD Son of Late Md. Kasim R/V- Parsauni, Tola Laheriasarai Chowk, P.S- Bisfi, Dist- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rahmati Parween D/o Late Md. Mansoor R/V- Genaur, P.S- Patauna, DistMadhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Kant Choudhary, Advocate For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-08-2023 1 . Despite valid issue of notice nobody appears on behalf of O .P . 2.

2. Heard learned counsel for the petitioner and the State.

3 . The petitioner apprehends arrest in a case registered for the offence punishable under section 498(A) of the Indian Penal Code.

4. As per the prosecution case, petitioner along with other family members committed torture to the informant (victim) due to non-fulfilment of demand of dowry. 5 . Learned counsel for the petitioner while denying the allegations, submits that the petitioner has falsely been

Patna High Court CR. MISC. No.70743 of 2022(6) dt.30-08-2023 2/2 implicated in this case because he is husband of the victim. However, he is ready to keep the victim with honour and dignity. The case is triable by the Magistrate. The petitioner has further 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. Petitioner has got clean antecedent.

6. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged 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 A.C.J.M. II, Benapatti in connection with C.R. Case No. 509 of 2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T