Akhtar Ali @ Md. Akhtar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7532 of 2023 Arising Out of PS. Case No.-680 Year-2019 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Akhtar Ali @ Md. Akhtar Sah Son Of Ali Hassan Shah Resident Of VillageBariyawan, P.S.- Aurangabad(M), District- Aurangabad(Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gulnaz Pravin Son of Shamshad Sah Resident of village- Munsi Bigha Kasautiya, P.O.- Bharathauli, P.S. and District- Aurangabad (Bihar) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamlendra Pd. Singh For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that the complainant has illicit relation with one Paswan Kumar and for that reason she does not want to live with the petitioner. He submits that the petitioner did not expel the complainant from his house and always ready to keep her in his house as his wife with dignity

Patna High Court CR. MISC. No.7532 of 2023(2) dt.13-04-2023 2/2 and honour. He submits that the complainant lodged the Divorce Case No. 08 of 2019 which is also pending before the learned court below and thereafter she lodged the instant complaint case against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 680 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T