Patna High Court – Orders
Md. Sanjur Alam vs The State Of Bihar on 3 January, 2025
Author: Prabhat Kumar Singh
Bench: Prabhat Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55208 of 2024
Arising Out of PS. Case No.-346 Year-2023 Thana- AAJAM NAGAR District- Katihar
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Md. Sanjur Alam SON OF DOMA SHAIKH @ SK. DOMA VILLAGE-
BALIYAPARA, PS- AJAMNAGAR, DIST- KATIHAR
... ... Petitioner/s
Versus
1. The State of Bihar
2. SUHAGI KHATOON DAUGHTER OF MD. AIYUB VILLAGE-
DILSHADPUR, PS- BALIA BELON, DIST- KATIHAR
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Abhay Kumar , APP
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 03-01-2025
Heard learned counsel for the petitioner and the
State . Despite valid service of notice, nobody appears on behalf
of opposite party no. 2.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under sections 341 , 498A, 323 , 504,
506 and 34 of the Indian Penal Code and sections 3 & 4 of the
Dowry Prohibition Act.
3 . As per F.I.R., the daughter of the complainant was
married with this petitioner and after the marriage, when she
went to her matrimonial house, she was subjected to torture and
cruelty by this petitioner and other in-laws family members due
to non-fulfillment of demand of dowry and lastly, she was
Patna High Court CR. MISC. No.55208 of 2024(3) dt.03-01-2025
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ousted from her matrimonial house .
4. Learned counsel for the petitioner, while denying
the allegations made in the F.I.R., submits that petitioner has
been falsely implicated in this case merely because he happens
to be husband of the victim. However, he is ready to keep the
victim with full honour and dignity. He further submits that
petitioner filed a petition for restitution of conjugal life u/s 281
of Muslim Law on 11.09.2023 before the learned Principal
Judge Family Court Katihar vide Matrimonial Case No. 466 of
2023 and thereafter the present F.I.R., has been lodged on
29.09.2023 . 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 claims clean antecedent.
5. 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 SDJM Katihar in connection with
Azamnagar P S Case No. 346 of 2023 , subject to the
Patna High Court CR. MISC. No.55208 of 2024(3) dt.03-01-2025
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conditions, as laid down under Section 438(2) of the Code of
Criminal Procedure .
(Prabhat Kumar Singh, J)
Koushik/-
U T