Md Jahir Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

Md Jahir Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: on arrest or surrender within six weeks, petitioner to be enlarged on bail on a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Supaul, in connection with Complaint Case No. 1439-C of 2014, subject to Section 438(2) CrPC conditions.

Issue for consideration

Whether the petitioner, apprehending arrest in Complaint Case No. 1439-C of 2014 (Supaul) for offences under Sections 406 and 498(A) IPC, should be enlarged on anticipatory bail under Section 438 CrPC.

Court's answer

In the event of arrest or surrender within six weeks, the petitioner is to be enlarged on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned J.M. 1st Class, Supaul, in connection with Complaint Case No. 1439-C of 2014.

Ratio / Principle

The bail enlargement is made subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Prabhat Kumar Singh, J., 14-08-2024) in CR. MISC. No.6362 of 2024 arising out of Complaint Case No. 1439-C of 2014, P.S. Complaint Case, District Supaul, punishable under Sections 406 and 498(A) IPC. Complainant (opposite party no. 2), wife of the petitioner, alleged that after about 4 years of a 15-year-old marriage the in-laws including the petitioner demanded a motorcycle and, on non-fulfilment, tortured and harassed her, that the petitioner solemnised a second marriage, and that she was ousted from the matrimonial house. Counsel for the petitioner denied the allegations, contending that opposite party no. 2 had already married one Md. Kalim about 8 years earlier, that the petitioner was willing to keep her with honour, that the case was triable by the Magistrate, and that the petitioner had clean antecedents; reliance was placed on Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. v. The State of Bihar, 2006(3) PLJR 182. Opposite party no. 2 did not appear despite valid service of notice. The Court directed that in the event of arrest or surrender within six weeks the petitioner be enlarged on bail on a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Supaul, subject to the conditions under Section 438(2) CrPC.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6362 of 2024

Arising Out of PS. Case No.-1439C Year-2014 Thana- COMPLAINT CASE District- Supaul

======================================================

Md Jahir S/o Late Md. Amir R/o Vill - Laxminiya, P.S. - Saur Bazar, District – Saharsa

... ... Petitioner/s

Versus

The State of Bihar

Bibi Gulshan Khatoon W/o Md. Jahir, D/o Late Abdul Gafur R/o Vill - Madhura, P.S. - Kishanpur, District - Supaul

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Arun, Advocate For the State : Mr. Kumar Ranjit Ranjan,APP For the O.P.No.2 : None ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

5 14-08-2024

Heard learned counsel for the petitioner and learned A.P.P. for the State. Despite valid service of notice, nobody appears on behalf of opposite party no. 2.

The petitioner, husband of the opposite party no. 2, apprehends his arrest in a complaint case punishable for the offence under Section 406, 498(A) of the Indian Penal Code.

As per complaint petition, the complainant was married with this petitioner 15 years ago and it is alleged that after 4 years of marriage, all the in-laws members including this petitioner started demanding motorcycle and due to nonfulfillment of the same, she was subjected to torture and harassment and also solemnised second marriage with another

Patna High Court CR. MISC. No.6362 of 2024(5) dt.14-08-2024 2/3

lady and lastly, complainant was ousted from her matrimonial house.

Learned counsel for the petitioner, while denying the allegations made in the complaint petition, submits that petitioner has been falsely implicated in this case merely because he is husband of the opposite party no. 2. As a matter of fact, the opposite party no. 2 has already solemnised marriage with one Md. Kalim 8 years ago and leading her conjugal life with him. However, still petitioner is ready to keep the opposite party no. 2 with full honour and dignity. Moreover, the case is triable by the learned 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 . Petitioner has got clean antecedent.

Considering the aforesaid facts and circumstances, in the event of arrest or surrender within a period of six weeks from today, let this petitioner, as named above, 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 the learned J.M. 1^st Class, Supaul in connection with Complaint Case No. 1439-C of 2014, subject to the conditions, as laid

Patna High Court CR. MISC. No.6362 of 2024(5) dt.14-08-2024 3/3

down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J)

anay

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