Ahmad Reza v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77092 of 2023 Arising Out of PS. Case No.-2458 Year-2022 Thana- COMPLAINT CASE District- Araria ====================================================== Ahmad Reza S/O Manjur Alam @ Md. Manjur Alam Village- Azad Nagar, Ward No. 19, Ps. Araria, Dist. Araria ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Tabbasum Parween D/O Awesh Khan, W/O Ahmad Reza Village- Dholbajja Ward No. 06, Ps. Forbesganj, Dist. Araria ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Adv.
For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-04-2024 Despite valid service of notice, no one appears on behalf of the Opposite party no. 2.
2. Heard Mr. Mukesh Kumar Rana, learned counsel for the petitioner and Mr. Pramod Kumar Pandey, learned A.P.P. for the State.
3. The petitioner apprehends his arrest in connection with Complaint Case No. 2458C of 2022 registered under Section 498A of the Indian Penal Code.
4. The prosecution case, in brief, is that the marriage of the complainant Tabbasum Parween was solemnized with the petitioner (Ahmad Reza) on 26.04.2015 in accordance with
Patna High Court CR. MISC. No.77092 of 2023(5) dt.09-04-2024 2/3 Islamic Rituals and Customs and at the time of marriage the father of the complainant gave several gifts worth Rs. 2 lakh. After sometime of the marriage, the accused persons started demanding dowry and when the complainant showed her inability, then all the accused persons assaulted her and imposed cruelty physically and mentally. The complainant stated that from the wedlock of her husband she blessed with two female children.
5. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to ill motive of the complainant. This complaint case has been filed after one month of the alleged occurrence. Learned counsel further submits that petitioner has never demanded any dowry from the complainant and has never tortured her for the same. Being the husband of the complainant the petitioner is always ready to keep her with full honour and dignity. It is also submitted that petitioner has got no criminal antecedent.
6. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond
Patna High Court CR. MISC. No.77092 of 2023(5) dt.09-04-2024 3/3 of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount to the satisfaction of Judicial Magistrate-I, Araria in connection with Complaint Case No. 2458C of 2022, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T