Abul Aala Almas Bari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3591 of 2024 Arising Out of PS. Case No.-242 Year-2023 Thana- KADAMKUAN District- Patna ====================================================== Abul Aala Almas Bari SON OF DR. ABDUL BARI @ ABDUL BARI resident of village- M. M. HAQUE COLONY, ISMAEEL SHAHED ROAD, SIWAN, PS- SARAI OP SIWAN, DIST- SIWAN, AT PRESENT ADDR- 6A FERNLEIGH GROVE CASTLEKNOCK, DUBLIN 15 (IRELAND) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SHAZIA SIDDIQUE WIFE OF ABUL ALA ALMAS RESIDENT OF VILLAGE - PERI HODA COMPLEX, FLOT LNO. 103, ROAD NO. 6A RAJENDRA NAGAR, PS- KADAMKUAN, DIST- PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Wasi Akhtar, Adv.

For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP Mr.Fakhruddin Ali Ahmad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-02-2024 Heard learned counsel for the petitioner, learned counsel for the O.P. No.2 and learned APP for the State. 2.

The petitioner apprehends his arrest in a case registered under sections 498(A), 341 of the Indian Penal Code and sections 3⁄4 of Dowry Prohibition Act.

3.

Allegation against the petitioner and other co-accused persons is of committing continuous torture upon the victim due to non-fulfillment of demand of dowry.

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

Patna High Court CR. MISC. No.3591 of 2024(3) dt.08-02-2024 2/2 falsely implicated in the present case due to grudge. There is general and omnibus allegation against the petitioner and petitioner has no criminal antecedent.

5.

The petitioner and the O.P. No.2 are appearing in person in the Court. It is submitted by the petitioner that he has left Ireland and now, he is residing in Siwan and is ready to live with his wife (O.P. No.2) in Siwan. The O.P. No.2 stated before the Court that she is not ready to live with the petitioner in Siwan but she is ready to live with the petitioner in Ireland only. 6.

Under 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 Kadamkuan P.S. Case No.242/2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T