Md. Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76639 of 2023 Arising Out of PS. Case No.-110 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== MD. RAJA S/O TAJ MOHAMMAD @ TAJ MAHAMMAD R/O VILLAGEMAKRI TOLA, JAGDISHPUR, P.S- SAHEBGANJ, DISTT.- MUZAFFARPUR.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR BIHAR 2.

SABROON KHATUN W/O MD. RAJA, D/O SURSHED ALAM R/O VILLAGE- RAJPUR, P.S- KESARIYA, DISTT.- EAST CHAMPARAN. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Patel For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-12-2023 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 Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Sahebganj P.S. Case No. 110 of 2021 dated 01.03.2021 registered for the offence punishable under Sections 341, 323, 504, 506 and 498A read with 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant

Patna High Court CR. MISC. No.76639 of 2023(2) dt.20-12-2023 2/3 mentally and physically due to non-fulfillment of demand of Rs. 1 lacs as dowry.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner who is husband of the informant. The petitioner neither demanded any dowry nor tortured the informant. 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 is accused in one more criminal case which is filed by the same party as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.76639 of 2023(2) dt.20-12-2023 3/3 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 anticipatory 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, (West) Muzaffarpur in connection with Sahebganj P.S. Case No. 110 of 2021, 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 reconcilation or one time settlement.

9. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T