Patna High CourtCR. MISC./80957/2023bail granted

Nesar Ahmad v. The State Of Bihar

2024-03-05Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80957 of 2023 Arising Out of PS. Case No.-120 Year-2023 Thana- BASANTPUR District- Siwan ====================================================== Nesar Ahmad S/O Late Alim Miyan @ Md. Alim R/O Village- Bajitpur, P.SBasantpur (Lakri Nabiganj O.P.), Distt.- Siwan. ... ... Petitioner/s

Versus

The State of Bihar 2.

Razia Khatoon W/O Nesar Ahmad, D/O Serajuddin Miya R/O VillageHussepur Nand, P.S- Basantpur, Distt.- Siwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Javed Aslam, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Basantpur (Lakri Nabiganj O.P.) P.S. Case No. 120 of 2023 dated 25.03.2023 instituted for the offence punishable under Sections 323, 341, 498A, 313/34 of the Indian Penal Code.

3. The prosecution case, in short, is that the marriage of the complainant/informant was solemnized with the petitioner on 27.10.2019 and since at the time of marriage, the petitioner along with other accused persons started demanding five lakh rupees as dowry, but due to non-fulfilment of the same, they started torturing her in various ways. It is also alleged that

Patna High Court CR. MISC. No.80957 of 2023(3) dt.05-03-2024 2/3 they also aborted her pregnancy.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the complainant is the second wife of the petitioner. Earlier the petitioner was married with complainant's sister, but after her death, he solemnized marriage with the complainant. Learned counsel for the petitioner submits that the petitioner is ready to keep the complainant with full dignity and honour. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. Earlier the notices were issued to O.P. No. 2 by both modes, which was received by her, but neither there is any representation on her behalf nor any counter affidavit has been filed in this case.

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

7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Basantpur (Lakri Nabiganj O.P.) P.S. Case No. 120 of 2023, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand)

Patna High Court CR. MISC. No.80957 of 2023(3) dt.05-03-2024 3/3 with two sureties of the like amount each to the satisfaction of the learned ACJM-X, Siwan subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U