Md. Majhar Alam @ Md. Mazhar Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76778 of 2024 Arising Out of PS. Case No.-694 Year-2023 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Md. Majhar Alam @ Md. Mazhar Alam Son of Md. Akhtar Hussain @ Md. Akhtar R/O Vill.- Ladkapasiya, P.S.- Larjhaghat, Dist.- Samastipur (Bihar). ... ... Petitioner
Versus
1.
The State of Bihar 2.
Yashmin Khatoon D/o Md. Amirul Hashan R/O Vill.- Shukhashan, P.S.- Bithan ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Madhav Kumar, Advocate For the State :
Mr. Umeshanand Pandit, APP For the O.P. No.2 :
Mr. Vinay Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 29-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Rosera Complaint Case No.694 of 2023, filed for the offences punishable under Sections 323, 379, 313, 498A of the Indian Penal Code and Sections3/4 of the Dowry Prohibition Act.
3. As per allegation, after marriage, there was additional demand of dowry and on account of non-fulfillment of the same, the Complainant was ousted from her matrimonial home.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.76778 of 2024(3) dt.29-01-2025 2/3 Petitioner is innocent and has falsely been implicated in this case. He further submits that as a matter of fact, the marriage is not working and hence, the Complainant has left the matrimonial home on her own. He also submits that the petitioner is ready to keep her in his house. He also submits that the maximum punishment prescribed for the alleged offence is three years.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State as well as learned counsel for the O.P. No.2 vehemently oppose the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.76778 of 2024(3) dt.29-01-2025 3/3 satisfaction of learned S.D.J.M, Rosera, Samastipur, in connection with Rosera Complaint Case No.694 of 2023, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T