Allowed

Md. Nasim v. The State of Bihar

Patna HC1 Jul 2021CR. MISC./12872/2021

Case brief

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What is this about?

Single-judge order in a criminal miscellaneous petition. The Court directed the petitioner to remove defects within four weeks. It granted anticipatory bail in case of arrest or surrender within twelve weeks, subject to personal bond and later furnishing Rs. 10,000 bail with two sureties after normalcy is restored.

What did the court decide?

Anticipatory bail granted on personal bond if arrested or surrenders within twelve weeks. Later to furnish Rs. 10,000 bond with two sureties within eight weeks after normalcy.

Md. Nasim Vs The State of Bihar — Domestic Violence | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12872 of 2021

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Arising Out of PS. Case No.-929 Year-2018 Thana- MADHUBANI COMPLAINT CASE District- Madhubani

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MD. NASIM, (Male), aged about 28 years, Son of Nurul, Resident of Village - Padma, P.S.- Ladaniya, District – Madhubani.

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... ... Petitioner

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Versus

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The State of Bihar.

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Rukhasana Khatoon, aged about 25 years, Female, Wife of Md. Nasim Daughter of Bilat Mansuri, Resident of Village - Mahthaur, P.S.- Basopatti, District – Madhubani.

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... ... Opposite Parties

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====================================================== Appearance : For the Petitioner : Mr. Ravi Prakash, Advocate. For the State : Mr. Choubey Jawahar, A.P.P. For the Informant : Mr. Ratnakar Jha, Advocate. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

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ORAL ORDER

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2 01-07-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy.

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Heard learned counsel for the petitioner, learned counsel for the opposite party no. 2 and learned A.P.P. for the State through Virtual mode.

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The petitioner is apprehending his arrest in a case for the offence registered under Sections 323, 341, 379, 498(A), 504, 506, 376 of the I.P.C. and ¾ of the D.P. Act.

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The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It is also alleged that the father

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and brother of the petitioner also established physical relationship with the victim.

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Patna High Court CR. MISC. No.12872 of 2021(2) dt.01-07-2021 2/3

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It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is the husband of the victim. As far as offence under Section 376 of the I.P.C. is concerned, the same is alleged against other coaccused persons. The opposite party no. 2 has not submitted any medical evidence in support of offence under Section 376 of the I.P.C. Except for offence under Section 376 of the I.P.C., rests of the offences are triable by the Magistrate. The petitioner has further 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.

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On behalf of the learned counsels for the State and the opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

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Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of the learned J.M. Ist Class,

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Patna High Court CR. MISC. No.12872 of 2021(2) dt.01-07-2021 3/3

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Madhubani, in connection with C.R. Case No. 929/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) only with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

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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. In case, any such application is made by either of the parties, the court below shall refer the matter to the District Mediation Centre.

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The opposite party no. 2 also will be at liberty to make an application before the concerned Family Court for the purpose of maintenance, if so advised.

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U.K./- U T

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(Sudhir Singh, J)

Md. Nasim v. The State of Bihar

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Md. Nasim v. The State of Bihar

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