Patna High Court - Orders
Akhtar Ali vs State Of Bihar & Anr on 13 December, 2018
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63929 of 2018
Arising Out of PS. Case No.-34 Year-2017 Thana- MAHILA P.S.
District- Siwan
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Akhtar Ali, S/o Late Mehadi Hassan, R/o Village- Jalalpur, P.S.- M.
H. Nagar, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Musharat Praveen, D/o Late Bande Ali, R/o Bishambharpur, P.S.-
Pachrukhi, District- Siwan.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Udit Narayan Singh
For the Opposite Party/s : Mr. Ashok Kumar Verma
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2 13-12-2018Heard the learned counsel for the petitioner, the informant and the State.
The petitioner seeks bail in anticipation of his arrest in connection with Siwan Mahila P.S. Case No. 34 of 2017 dated 02.11.2017 instituted for the offences under Sections 313, 420, 471, 472, 376, 498(A) of the Indian Penal Code and Section 3/ 4 of the Dowry Prohibition Act.
From perusal of the F.I.R which arises out of a complaint lodged by the informant/O.P. No. 2, it appears that some negotiations had taken place for marriage of the Patna High Court Cr.Misc. No.63929 of 2018(2) dt.13-12-2018 2/4 petitioner with the informant/O.P. No. 2 but because of the demand of dowry, such negotiations failed. Later, the petitioner is alleged to have contacted the informant/O.P. No. 2 on telephone and promised her that he would marry her without any dowry. This assurance, it has been alleged, made the informant/O.P. No. 2 believe that she can initiate and continue her relationship with the petitioner. Later, when the petitioner dilly-dallied in marrying the informant/O.P. No. 2, pressure was mounted upon him. Then, the petitioner is said to have married the informant/O.P. No. 2 and simultaneously another woman by the name of Sana Khatoon. Curiously and incidentally, aforesaid Sana Khatoon has not been made accused in this case. It further appears from the records annexed with the petition that the informant/O.P. No. 2 had also filed another case vide Hussainganj P.S. Case No. 361 of 2017 under Sections 498(A), 494, 323, 379, 354(B)/34 of the Indian Penal Code. The averments made by the informant/O.P. No. 2 in the aforesaid case are substantially different from what has been stated in the subject F.I.R in which anticipatory bail has Patna High Court Cr.Misc. No.63929 of 2018(2) dt.13-12-2018 3/4 been sought. The case viz. Hussainganj P.S. Case No. 361 of 2017 ended in submission of charge-sheet only under Section 323 of the Indian Penal Code.
The date of marriage in the aforesaid two F.I.Rs by the informant/O.P. No. 2 are different.
The learned counsel for the petitioner has submitted that the only purpose of lodging this case is either to put pressure on the petitioner to marry the informant/O.P. No. 2 or in the garb of settling the dispute, part with some money.
Considering the nature of accusation in the F.I.R and the fact that another case lodged by the informant/O.P. No. 2 ended in submission of a report where the petitioner was sent up for trial for the offence under Section 323 of the Indian Penal Code only, the petitioner, above named, in the event of his arrest or surrender within a period of four weeks from today before the learned Court below, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan Patna High Court Cr.Misc. No.63929 of 2018(2) dt.13-12-2018 4/4 in connection with Siwan Mahila P.S. Case No. 34 of 2017, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
(Ashutosh Kumar, J) Shageer/-
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