Patna High CourtCR. MISC./78058/2023bail rejected

Md. Sahzad Alam @ Md. Shahajad v. The State Of Bihar

2024-10-18Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78058 of 2023 Arising Out of PS. Case No.-2840 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== MD. SAHZAD ALAM @ MD. SHAHAJAD S/O LATE SHAUKAT R/O VILLAGE- BALWAT, P.S- TARABARI, DISTT.- ARARIA. ... ... Petitioner/s

Versus

The State of Bihar 2.

BIBI NILOPHAR W/O MD. SAHZAD ALAM, D/O MD. ABDU SSAMAD R/O BALWAT, P.S- TARABARI, DISTT.- ARARIA, PRESENTLY RESIDING VILLAGE- BATURBARI, TOLA AKALI, P.S- TARABARI, DISTT.- ARARIA.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhav Jha, Advocate For the Opposite Party/s :

Mr.Ramesh Chandra, APP For the complainant :

Md. Naushad Uzzoha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner, the State and the complainant.

2. The petitioner is apprehending arrest in connection with Araria Complaint Case No. 2840C of 2018 instituted under Section 498A of the Indian Penal Code and 4 of the D.P. Act filed by the complainant, Bibi Nilophar.

3. As per the prosecution case, the complainant got married with the petitioner eight years ago but was tortured for dowry demanding Rs. 1,00,000/- alongwith a buffalo. The complainant informed that her family is not in a position to fulfill the demand whereafter, she was subjected to mental and physical harassment. This led to 'Panchayati' several times but

Patna High Court CR. MISC. No.78058 of 2023(8) dt.18-10-2024 2/2 the accused informed the 'Panchayat' that unless the demand is fulfilled, this harassment will continue. At one point of time, she was pushed on burning stove causing injuries on her hands and leg. She was also subjected to strangulation by putting a towel around her neck. This was informed to the parents, she was rescued and the allegation is that the petitioner wants to perform second marriage.

4. In this case, earlier a coordinate bench and later this Court also tried to prevail upon the parties to come to an amicable settlement but the petitioner despite incorporating in the petition that he will be keeping the wife with full dignity and honour, chose to look the other way.

5. The allegations are grave, she was pushed before the burning stove, got burn injuries and finally the petitioner tried to strangulate by putting a towel around her neck. She rescued herself anyhow.

6. In that circumstance, the anticipatory bail application stands rejected.

(Rajiv Roy, J) Ravi/- U T