Husband sought anticipatory bail in a dowry-torture complaint case under Sections 323, 341, 498A IPC with Section 34. The Patna High Court allowed the application, directing his enlargement on bail on arrest or surrender within six weeks, subject to Section 438(2) CrPC conditions and regular appearance before the trial court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14292 of 2023
Arising Out of PS. Case No.-616 Year-2021 Thana- MADHUBANI COMPLAINT CASE District- Madhubani
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MD. ALI HASSAN S/o Md. Nazim R/o Village- Hattapur, P.S.- Basopatti, Distt- Madhubani.
... ... Petitioner/s
Versus
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Jha, Adv. For the Opposite Party/s : Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
4 04-01-2024
Learned counsel for the petitioner is permitted to
remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2 . Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
3 . The petitioner is apprehending his arrest in a case in connection with C.R. Case No. 616 of 2021 dated 17.07.2021 registered for the offence/s punishable u/ss 323, 341, 498A, 379, 354B, 504, 506 read with section 34 of the Indian Penal Code and the cognizance was against the petitioner on 11.01.2022 for the offences under sections 323, 341, 498A read with section 34 of the IPC.
Patna High Court CR. MISC. No.14292 of 2023(4) dt.04-01-2024 2/3
4 . As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the complainant mentally and physically due to non-fulfillment of demand of Rs. one lakh as dowry.
5 . Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is the husband of the informant. The petitioner neither demanded any dowry nor tortured the complainant. There is general and omnibus allegation against the petitioner. The petitioner has 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." Learned counsel has further submitted that Section 498A of the IPC is triable by the Magistrate. Learned counsel has further relied on the judgments in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Anr passed in Criminal Appeal No(s). 2207 of 2023 arising out of Special Leave Petition (CRL.) No. 3433 of 2023 . The petitioner has no criminal antecedent as stated at para 3 of the bail petition.
6 . Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.14292 of 2023(4) dt.04-01-2024 3/3
opposed the anticipatory bail petition of the petitioner.
7 . Considering the aforesaid facts and circumstances
of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Madhubani in connection with C.R. Case No. 616 of 2021, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure with further condition:-
(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
9 . The application stands allowed.
(Chandra Prakash Singh, J)
guddukr/-
U T
1 issue framed by the court
Whether the husband apprehending arrest in a dowry-cruelty complaint case under Sections 323, 341 and 498A IPC deserves anticipatory bail.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharRelied on
2006(3) PLJR 182
Satendra Kumar Antil Vs. Central Bureau of Investigation and AnotherRelied on
(2022) 10 SCR 351 · Who else cites this
Md. Asfak Alam Vs. The State of Jharkhand & AnrRelied on
Criminal Appeal No(s). 2207 of 2023 arising out of SLP (CRL.) No. 3433 of 2023
3 provisions across 2 enactments
Md. Ali Hassan
The State of Bihar
Rukhsana Khatun
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
