Md. Juber @ Md. Jubair Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20382 of 2025

Arising Out of PS. Case No.-3566 Year-2013 Thana- COMPLAINT CASE District- Araria

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Md. Juber @ Md. Jubair Son of Late Kamruddin @ Late Md. Kamar Uddin Resident of village-Mahisakol PS- Araria District- Araria

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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Md. Kafil s/o- Keyanuddin r/o vill- Mirjapur kothi ps- simraha dist- araria

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Madhav Jha, Advocate For the State : Mr. Sanjay Kumar Tiwary, A.P.P. For the complainant : Mr. Shubham Kumar, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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5 16-09-2025

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Heard learned counsel for the petitioner, learned counsel for the complainant/informant and learned A.P.P. for the State.

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The petitioner is apprehending his arrest in connection with Araria Complaint Case No. 3566c/2013 registered for the offences punishable under Sections 323, 324, 325, 326, 307, 498A, 34 of the Indian Penal Code and the learned trial court has taken cognizance under Section 498A and 307 of IPC.

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As per complaint case, complainant marriage was solemnized with the petitioner near about twelve years ago as per Muslim rites and rituals. It is alleged that petitioner and others are said to have concertedly demanded motorcycle and due to non fulfillment of the said demand, petitioner and others are said to

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Patna High Court CR. MISC. No.20382 of 2025(5) dt.16-09-2025 2/3

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have tortured her physically and mentally. It is further alleged that all the accused persons assaulted the complainant and forcibly dragged her from bed ( palang ) and thrashed her on the ground and twisted her leg as a result of which kulha of complainant’s left leg got fractured. It is further alleged that at the behest of complainant’s mother-in-law, petitioner is said to have tied the complainant and poured kerosene oil on her. It is further alleged that after raising alarm by the son of complainant, some persons gathered and saved the complainant. It is further alleged that petitioner is said to have solemnized second marriage.

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Learned counsel for the petitioner submits that the allegation levelled against the petitioner is merely a bald statement as there is nothing on record support the allegation of complainant. He further submits that after mutual agreement, complainant was residing in her matrimonial home. He further submits that complainant died due to disease. He further submits that father of complainant filed a compromise petition on affidavit before the learned J.M. Ist Class, Araria. Basically, petitioner and his family members never tortured complainant (wife of petitioner) who has died and they have never demanded motorcycle or any kind of dowry. Petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent. Learned counsel orally

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Patna High Court CR. MISC. No.20382 of 2025(5) dt.16-09-2025 3/3

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submits that lone son is residing with his father who is petitioner and there was no any dispute as alleged in complaint petition.

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The learned A.P.P. for the State and learned counsel for the informant/complainant do not controvert the submission made by the learned counsel for the petitioner.

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Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist Class, Araria in connection with Araria Complaint Case No. 3566c/2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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The application stands allowed.

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(Alok Kumar Pandey, J)

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alok/-

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U T

Md. Juber @ Md. Jubair v. The State of Bihar

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Md. Juber @ Md. Jubair v. The State of Bihar

Case brief

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