Rafique Ahmad @ Md. Rafique Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86200 of 2023 Arising Out of PS. Case No.-166 Year-2023 Thana- COMPLAINT CASE District- Araria ====================================================== RAFIQUE AHMAD @ MD. RAFIQUE AHMAD SON OF MOSHARRAF HUSSAIN R/O VILLAGE- HARIYABARA MOTHER TERESA KOLONY, WARD NO.12, P.S.- ARARIA, DISTRICT- ARARIA ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
GULSHAN KHATOON W/O RAFIQUE AHMAD @ MD. RAFIQUE AHMAD, D/O BIKU ANSARI R/O VILLAGE- HARIYABARA, WARD NO.12, P.S. AND DISTRICT- ARARIA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr.Gopal Kumar Jha For the State :
Mr.Mohammad Sufyan For the O.P.-2 :
None ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-07-2024 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 complaint case punishable for the offence under Sections 323, 504, 379, 498(A), 494/34 of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act.
3. As per complaint case, the complainant was married with this petitioner as per Muslim rites and rituals and after the marriage, when she went to her matrimonial house, she was
Patna High Court CR. MISC. No.86200 of 2023(3) dt.04-07-2024 2/3 subjected to torture and harassment by this petitioner and other in-laws family members due to non-fulfillment of demand of dowry and lastly, she was ousted from her matrimonial house.
4. Learned counsel for the petitioner, while denying the allegations made in the F.I.R., submits that petitioner has been falsely implicated in this case merely because he is husband of the opposite party no. 2. Petitioner never demanded any dowry or committed torture to opposite party no. 2. Petitioner has already filed a matrimonial suit i.e. Matrimonial Case No. 101 M of 2023 in the court of learned Principal Judge, Family Court, Araria for restitution of conjugal right and he 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. Petitioner has got clean antecedent.
5. Considering the aforesaid facts and circumstances, in the event of arrest or surrender within a period of six 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
Patna High Court CR. MISC. No.86200 of 2023(3) dt.04-07-2024 3/3 learned J.M. 1st Class, Araria in connection with Complaint Case No. 166-C of 2023, subject to the conditions, as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T