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2025 DAILYLAW 8698 (PAT)

Md. Ayub Alam v. The State of Bihar

CR. MISC./1307/2025 · 2025-05-15

Smt Soni Shrivastava

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1307 of 2025 Arising Out of PS. Case No.-353 Year-2024 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Md. Ayub Alam S/o Late Abdul Rauf Resident of Village- Bhalauri Khurd, P.S- Amba, Distt.- Aurangabad ... ... Petitioner/s Versus 1. The State of Bihar 2. Nazma Khatoon W/o Md. Ayub Alam R/o vill - Bhaluari Khurd, P.s. - Amba, Distt.- Aurangabad ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 4 15-05-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 323, 379, 504 and 34 of the Indian Penal Code. 3. Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand and torture. 4. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The allegations made in the complaint are not correct and as a matter of fact, despite valid service of notice the complainant has Patna High Court CR. MISC. No.1307 of 2025(4) dt.15-05-2025 2/2 chosen not to appear in this case. The petitioner is always ready to keep his wife with full honor and dignity but it is the complainant who never wants to live with him. The petitioner has no criminal antecedent and undertakes to cooperate in case/trial. 5. In such view of the matter, let the above named petitioner, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Aurangabad, in connection with Complaint P.S. Case No. 353 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482 (2) of the B.N.S.S., 2023. Raj Ranjan/- (Soni Shrivastava, J) U T