Md. Rizwan @ Rizman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1541 of 2025 Arising Out of PS. Case No.-2041 Year-2019 Thana- COMPLAINT CASE District- Araria ====================================================== Md. Rizwan @ Rizman S/O Late Jalil Resident of village- Farsadangi ward no.-11, PS- Palasi, District- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Beebi Najmeen Begam, W/O Md. Rizwan @ Rizman Resident of villageMiyanpur ward no.-4, PS- Palasi, District- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhav Jha For the Opposite Party/s :

Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-03-2025 Heard learned counsel for 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 Section 498A/34 of the Indian Penal Code and section 4 of the D.P. Act.

4. The prosecution case in brief is that the complainant got married with the petitioner ten years ago and after sometime of marriage, this petitioner along with others coaccused persons started demanding dowry from the complainant and on refusal they assaulted and ousted her from the

Patna High Court CR. MISC. No.1541 of 2025(3) dt.20-03-2025 2/3 matrimonial home.

5. It is submitted on behalf of petitioner that petitioner happens to be husband of the complainant and present case has been lodged only with a view to harass the petitioner. 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, 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 and also petitioner claims clean antecedent, 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 today, be enlarged on bail on furnishing bail-bond of Rs.

Patna High Court CR. MISC. No.1541 of 2025(3) dt.20-03-2025 3/3 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria, in connection with Araria Complaint Case No. 2041 of 2019, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Ranjeet/- U T