Parvez Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8172 of 2024 Arising Out of PS. Case No.-75 Year-2023 Thana- MAHILA P.S. District- Patna ====================================================== Parvez Alam Son of Md. Sharf Uddin R/o Ishapur, Alawa Colony, Near Masjid, PS-Phulwari Sharif, District-Patna ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Syed Nahida Praween W/O Perwez Alam, D/O Syed Mazhar Alam R/O Ishopur, Alwa Colony Near Alwa Masjid, P.S- Phulwari Sharif, Distt.- Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Neerad Parashar, Advocate For the State :
Mr. Syed Mojibur Rahman, APP For Opposite Party No.2 :
N o n e ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 498A, 509 and 354A of the Indian Penal Code and Sections 8 and 10 of the POCSO Act.
3. As per prosecution case, this petitioner happens to be husband of the informant and allegation against him is of committing torture and harassment upon the informant due to non-fulfillment of demand for dowry.
4. It is submitted by learned counsel appearing on behalf of the petitioner that for the same set of occurrence, the
Patna High Court CR. MISC. No.8172 of 2024(6) dt.28-06-2024 2/3 informant had filed earlier filed Complaint Case No. 2187 of 2019, in which petitioner has already been granted privilege of anticipatory bail by this Court, whereby the petitioner was directed to deposit a sum of Rs. 4,000/- per month in the account of the informant. It is further submitted that pursuant to the aforesaid order, petitioner has already deposited a sum of Rs. 64,000/- in the account of Opposite Party No. 2, and thus the payment of maintenance is now up to date and the petitioner will be depositing Rs. 4,000/- per month in the account of the informant/Opposite Party No. 2 on regular basis.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.8172 of 2024(6) dt.28-06-2024 3/3 satisfaction of learned A.D.J. VI (POCSO), Patna, in connection with Mahila P.S. Case No.75 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T