Md. Raqib @ Md. Rakib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1833 of 2024 Arising Out of PS. Case No.-223 Year-2023 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Md. Raqib @ Md. Rakib, S/O Md. Yasim, R/o Village- Simri, P.S.- Bakhari, Dist. Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Apshana Khatoon W/O Md. Raqib @ Md. Rakib Village- Simari, P.S.- Bakhari, Dist. Begusarai.

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

For the Petitioner :

Mr. Braj Bhusan Poddar, Adv.

For the State :

Mr. Kumar Ranjit Ranjan, APP For the O.P. No. 2 :

None.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 26-10-2024 Heard Mr. Braj Bhusan Poddar, learned counsel for the petitioner and Mr. Kumar Ranjit Ranjan, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 223C of 2023 dated 13.02.2023 for the offences punishable under Sections 498(A) and 406/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. The main submissions advanced by learned counsel for the petitioner are that the instant matter is based on complaint filed by O.P. No. 2, who happens to be the wife of this petitioner and after marriage, the O.P. No. 2 lived in the

Patna High Court CR. MISC. No.1833 of 2024(5) dt.26-10-2024 2/3 company of the petitioner only for two months, in fact the O.P. No. 2 had earlier married to the cousin brother of the petitioner and after death of her former husband, she solemnized marriage with this petitioner but in the present time, she has started residing in the house of her late former husband and in this regard, paragraph No. 5 of the complaint petition filed by O.P. No. 2 may be perused. It is further submitted that the complainant has not turned up in person before this Court though earlier she has appeared through her counsel and today no one is present on behalf of her which shows that she has no interest in any conciliation. It is further submitted that there is no any medical evidence to support the allegation of physical cruelty.

4. Learned APP appearing for the State has opposed the prayer for bail.

5. Considering the facts and circumstances of this case as well as above submissions, this Court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two

Patna High Court CR. MISC. No.1833 of 2024(5) dt.26-10-2024 3/3 sureties of the like amount each to the satisfaction of the Court concerned in connection with Complaint Case No. 223C of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) annu/- U T