MD. MOINUDDIN AZAD @ MOIN AZAD @ MOINUDDIN AZADversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31113 of 2021
                      Arising Out of PS. Case No.-16 Year-2020 Thana- MAHILA P.S. District- Purnia
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              Md. Moinuddin Azad @ Moin Azad @ Moinuddin Azad, S/O Syed
              Ashraf Ali, R/o village- Khushhalpur, P.S.- Paranpur, District- Katihar
                                                                      ... ... Petitioner
                                              Versus
           1. The State of Bihar
           2.    Ekta Rani Sah W/o Moin Azad Resident of Subhash Nagar, Gokul
                 Krishna Ashram Road, P.S.- Sahayak, District- Purnea
                                                                  ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Syed Quaisar Hussain, Advocate
                 For the Opposite Party/s :       Mr.Md. Sufiyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

8   27-01-2026               Heard learned counsel for the petitioner and learned

                   APP for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Mahila P.S. Case

                   No. 16 of 2020 registered for the offences punishable under

                   Sections 341, 323, 498A, 504 & 506 of the Indian Penal

                   Code and Section ¾ of the Dowry Prohibition Act.

                             3. The allegation against the petitioner is to commit

                   mental and physical cruelty upon the informant due to non-

                   fulfillment of demand of dowry as raised for a cash of Rs. One

                   Lakh.

                             4. Learned counsel appearing on behalf of the
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          petitioner submitted that in fact the petitioner was in love with

          the informant and out of said affairs they solemnized

          marriage being major.

                   5. In this context, learned counsel submitted that

          marriage was duly registered in terms of 5th schedule (Section

          16) of Special Marriage Act, before the Marriage Officer,

          Patna. It is pointed out that same was registered on

          18.04.2009.

                   6. Arguing further, it is submitted that as the love

          affairs and marriage of the informant was not approved by

          her parents being different religion, a police case was

          registered against the petitioner as Katihar Town P.S. Case

          No. 181 of 2008 on 18.06.2008 for the offences punishable

          under section 366, 366A & 363 of the I.P.C., where, after

          considering the materials available on record, one of the

          learned coordinate Bench of this Court granted bail to the

          petitioner vide order dated 07.11.2008 as passed in Cr. Misc.

          No. 29372/2008 (Annexure ‘3’).

                   7. It is submitted that under parental pressure, the

          informant left the house of the petitioner after lodging the
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          present case and thereafter she started to live with someone

          else at Delhi. It is pointed out that mobile number of the

          informant was provided to the concerned S.H.O./I.O., who

          contacted the informant over phone disclosing present

          pending proceeding but she refused to appear before the

          court. In this context, learned counsel pointed out para ‘2’ of

          the order dated 03.04.2023 as passed in the present case.

                   8. It is also submitted by learned counsel that

          aforesaid FIR was lodged with a delay of seven (7) days i.e.

          for the occurrence dated 15.08.2020, the present FIR was

          lodged on 22.08.2020 without explaining delay, which further

          suggests that in drunken condition, some hot-exchange took

          place between the informant and the petitioner. In this

          context, it is submitted that merely on the basis of threat and

          suspicion, the present FIR was lodged against the petitioner.

                   9. Learned A.P.P. for the State opposes the prayer of

          anticipatory bail of the petitioner.

                   10. Despite of information to the informant, as

          discussed aforesaid, she failed to appear before this Court as

          to join the present proceeding.
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                              11. In view of aforesaid factual submission and by

                     taking note of the fact as FIR in issue was lodged with a delay

                     of seven (7) days, where prima facie allegation of cruelty was

                     raised primarily for advancing threat to commit murder,

                     accordingly, above-named petitioner, in the event of his

                     arrest/surrender within a period of four weeks from this

                     order, is directed to be enlarged on bail on furnishing of bail

                     bond of Rs.10,000/- (ten thousand only) with two sureties of

                     the like amount each to the satisfaction of learned Chief

                     Judicial Magistrate - Purnea/concerned court in connection

                     with Mahila P.S. Case No. 16 of 2020, subject to the

                     conditions as laid down under Section 438(2) of the

                     Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha

                     Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T