Md. Nawab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82920 of 2023 Arising Out of PS. Case No.-5730 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Md. Nawab S/O MD. MUMTAJ RESIDENT OF HASHIKHANA, ANAND BAZAR, DANAPUR CANTT, PS. DANAPUR, DIST. PATNA. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SHAMA PARVIN W/O MD. NAWAB, D/O LATE HASSAN IMAM PRESENT RESIDENT OF CHITKOHRA BAZAR, PUNJABI COLONY, PS. GARDANIBAGH, DIST.PATNA.

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

For the Petitioner/s :

Mr.Md. Mokhtar Ansari, Adv.

For the Opposite Party/s :

Mr.Nityanand, APP Mr.Mohammad Sufyan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-03-2024 Heard the parties.

2.

The petitioner apprehends his arrest in a case registered under sections 498(A), 323, 506 of the IPC.

3.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry and of ousting her out of the matrimonial house.

4.

It is submitted by learned counsel for the petitioner that petitioner is an innocent person and has committed no offence. Petitioner has never made any dowry demand and has been falsely implicated in the present case due to grudge. The petitioner has relied upon the judgment of this Court in the case

Patna High Court CR. MISC. No.82920 of 2023(3) dt.07-03-2024 2/2 of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182. It is submitted that the petitioner is ready and willing to keep his wife with full honour and dignity.

5.

Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds 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.5730(C)/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. 6.

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 reconciliation or one time settlement.

(Anjani Kumar Sharan, J) pallavi/- U T