Patna High Court - Orders
Peasal @ Faisal @ Md. Faisal vs The State Of Bihar on 20 July, 2024
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8980 of 2024
Arising Out of PS. Case No.-633 Year-2022 Thana- COMPLAINT CASE District- Araria
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Peasal @ Faisal @ Md. Faisal S/O MD. AZIM @ AJIM UDDIN VILLAGE-
FARAUTA WARD NO. 10, PS. ARARAI,DIST. ARARIA.
... ... Petitioner/s
Versus
1. The State of Bihar
2. SAHIN PRAVIN W/O PESAL @ FAISAL @ MD. FAISAL, D/O PARWEJ
ALAM R/O VILLAGE- FARAUTA, WARD NO. 10, PS. AND DIST.
ARARIA.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mrs. Kanchan Jha, Advocate
Mr. Madhav Jha, Advocate
Mr. Ram Babu Yadav, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
For the O.P. No. 2 : Mr. Gopal Kumar Jha, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 20-07-2024Heard Mrs. Kanchan Jha, learned counsel for the petitioner and Mr. Gopal Kumar Jha representing the complainant as also Mr. Jitendra Kumar Singh, learned APP.
2. The petitioner is apprehending his arrest in connection with Complaint Case No. 633 of 2022 for the offence under Sections 498(A), 379/34 of the I.P.C. lodged on 11.04.2022 by the Complainant, Sahin Pravin.
3. Earlier, the matter was sent to the Mediation Center, failed and now is before this Court. Learned counsel for the petitioner submits that at that time, the petitioner was minor, a document has been procured to show nikah, no such nikah ever took place. She submits that now the complaint is there, despite being a boy of young age, he has to face the trial, putting him in jail when he is pursuing study, it has no meaning particularly when Patna High Court CR. MISC. No.8980 of 2024(6) dt.20-07-2024 2/3 he is vehemently denying the marriage itself.
4. Learned counsel for the complainant on the other hand submits that the document clearly shows that a 'nikahnama' took place and now for want of money, they are refusing the same.
5. This Court requested the learned counsel for the complainant to provide any additional document/proof/photograph beside the nikahnama to show that the nikah between the petitioner and the complainant took place. Learned counsel for the complainant harped on the nikahnama to press his case.
6. In that background, considering his age as also the fact that he is a student, do not have any criminal antecedent and is ready to attend each and every proceeding during the trial, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 2 nd Class, Araria in connection with Complaint Case No. 633 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official Patna High Court CR. MISC. No.8980 of 2024(6) dt.20-07-2024 3/3 document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
8. It is made clear that any observations made here shall not be considered at by any Court as it has been observed only for the purpose for grant of anticipatory bail.
(Rajiv Roy, J) Adnan/-
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