Md. Lukman @ Lukman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.820 of 2025 Arising Out of PS. Case No.-246 Year-2024 Thana- COMPLAINT CASE District- Araria ====================================================== Md. Lukman @ Lukman Md. Sakur @ Fakhri Village- Baligarh W.No-8, PsSikti Dist- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gulabi Khatoon W/o- Md. Lukman @ Lukman D/o- Sahiro VillageRanikatta W.No-6, Ps- Sikti Dist- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Gopal Kumar Jha, Advocate For the State :

Mr. Dashrath Mehta, APP For Opposite Party No.2 :

N o n e ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-04-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

2. Despite valid service of notice, nobody appears on behalf of the Opposite Party No. 2.

3. The petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 324, 379, 498A, 504 and 506 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

4. The prosecution case, in brief, is that marriage of complainant was solemnized with this petitioner as per Muslim rites and rituals. It is alleged that after marriage, all the accused persons, including this petitioner, subjected complainant to

Patna High Court CR. MISC. No.820 of 2025(3) dt.17-04-2025 2/3 torture and harassment due to non-fulfillment of demand of dowry.

5. It is submitted on behalf of petitioner that petitioner happens to be husband of the complainant and present case has been lodged due to petty family dispute. There is general and omnibus allegation of commission of assault against him. As a matter of fact, the petitioner at no point of time demanded any dowry or committed torture. It is further submitted that petitioner is ready to keep the complainant, as his wife, with full honour and dignity. It is next submitted that the case is triable by the Magistrate. In this connection, learned counsel for the petitioner has relied upon a 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 claims clean antecedents.

6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of petitioner.

7. Considering the aforesaid facts and circumstances of the case and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

8. Accordingly, let the above named petitioner, in the event of his arrest/surrender within a period of eight weeks from

Patna High Court CR. MISC. No.820 of 2025(3) dt.17-04-2025 3/3 today, 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 learned J.M. 1st Class, Araria in connection with Complaint Case No. 246 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T