Md. Rahid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82494 of 2024 Arising Out of PS. Case No.-54 Year-2024 Thana- AAJAM NAGAR District- Katihar ====================================================== Md. Rahid S/o Md. Kalam Resident of Village - Dhoom Tola, P.S. - Abadpur, Distt.- Katihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Arshadi Khatoon W/o Md. Rahid, D/o Late Ansar Alam R/o vill - Nimaul, P.S. - Azamnagar, Distt.- Katihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Bimal Kumar, Advocate For the State :
Mr. Shyam Bihari Singh, APP For the O.P.-2 :
None ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. Despite valid service of notice, nobody appears on behalf of opposite party no. 2.
2. The petitioner, husband of the opposite party no. 2, apprehends his arrest in a case registered for the offence under Sections 498-A/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.
3. As per prosecution case, the informant was married with petitioner in the year 2019 and at the time of her marriage, her mother gave cash of Rs. 4 lakhs and gold & silver ornaments, as gift, but soon after the marriage, all the accused persons including petitioner tortured informant for additional
Patna High Court CR. MISC. No.82494 of 2024(6) dt.22-04-2025 2/3 demand of dowry and ultimately, ousted her from her matrimonial home.
4. While denying the allegations made in the present petition, learned counsel for the petitioner submits that petitioner has been falsely implicated in this case merely because he happens to be husband of opposite party no. 2. At no point of time, petitioner demanded any dowry or committed torture with opposite party no. 2 and is still ready to keep the opposite party no. 2 with full honour and dignity. Moreover, the case is triable by the learned Magistrate. The petitioner has further 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.
5. Considering the aforesaid facts and circumstances, the prayer for anticipatory bail of petitioner is allowed.
6. Accordingly, in the event of arrest or surrender within a period of eight weeks from today, let this petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Katihar in connection with Azamnagar P.S. Case No. 54 of 2024, subject to the conditions, as laid down under
Patna High Court CR. MISC. No.82494 of 2024(6) dt.22-04-2025 3/3 Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T