Patna High CourtCR. MISC./2019/2024bail granted

Shabir Ahmad v. The State Of Bihar

2024-02-13Mr. Justice Chandra Prakash Singh4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2019 of 2024 Arising Out of PS. Case No.-100 Year-2023 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== SHABIR AHMAD SON OF ABDUL WAHAB RESIDENT OF VILLAGE - KHAIRWA, POLICE STATION - CHHAURADANO, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR 2.

KAUSAR JAHAN WIFE OF SABBIR AHMAD AND DAUGHTER OF MD. ABULK AISE RESIDENT OF VILLAGE - KHAIRWA, POLICE STATION - CHHAURADANO, DISTRICT - EAST CHAMPARAN. AT PRESENT RESIDING AT VILLAGE - HIRAMANI, POLICE STATION - CHHAURADANO, DISTRICT - EAST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Ranjan, Adv.

For the OP No. 2 :

Mr. Bikash Kumar Sharma, Adv.

Mrs. Madhuri Kumari, Adv.

Mr. Abneesh Kumar, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-02-2024 Heard learned counsel for the petitioner and learned counsel for the complainant as well as learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Complaint Case No. 100 of 2023 dated 20.03.2023 registered for the offence/s punishable u/ss 498A, 323 and 504 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the complainant

2/4 mentally and physically and the petitioner tried to throw acid on her. It is further alleged that the accused persons started pressurizing her to demand her share of property from her father.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the husband of the complainant. The petitioner neither demanded any dowry nor tortured the complainant. The marriage was solemnized in 2002 and the present case has been filed in 2023. There is general and omnibus allegation against the petitioner. Learned counsel for the petitioner has 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." Learned counsel has further submitted that Section 498A of the IPC is triable by the Magistrate. Learned counsel has further relied on the judgments in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Anr passed in Criminal Appeal No(s). 2207 of 2023 arising out of Special Leave Petition (CRL.) No. 3433 of 2023. The petitioner has no criminal antecedent as stated at

3/4 para 3 of the bail petition.

5. Learned counsel for the complainant as well as learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Raxaul at Motihari in connection with Complaint Case No. 100 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition/s:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. 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.

4/4

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T