Md. Muzaffar Husain vs The State Of Bihar
2021 Latest Caselaw 4336 Patna

            IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No.31905 of 2020
        Arising Out of PS. Case No.-525 Year-2019 Thana- COMPLAINT CASE District- Araria
      ======================================================

Md. Muzaffar Husain, aged about 30 years, Male, son of Abdul Rakib, resident of village- Dalmalpur, P.S.-Amour, District- Purnia.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Somaya Begum @ Bibi Somaya, aged about 25 years, Female, D/o Manjur Alam, W/o Md. Muzaffar Hussain, resident of Village- Chakai, P.S.- Jokihat, District- Araria.

... ... Opposite Party/s ====================================================== Appearance :

      For the Petitioner/s    :        Mr. Md. Ziaul Quamar, Advocate
      For the State           :        Ms. Meena Singh, APP
      For the OP No. 2        :        Mr. Nafisuzzoha, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 26-08-2021

The matter has been heard via video conferencing.

2. Heard Mr. Md. Ziaul Quamar, learned counsel for

the petitioner; Ms. Meena Singh, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State

and Mr. Nafisuzzoha, learned counsel for the opposite party no.

2.

3. The petitioner apprehends arrest in connection with

Complaint Case No. 525-C of 2019 dated 26.12.2019, instituted

under Sections 498-A of the Indian Penal Code and 4 of the

Dowry Prohibition Act, 1961 (hereinafter referred to as the

'Act') Patna High Court CR. MISC. No.31905 of 2020 dt.26-08-2021

4. The petitioner is the husband of the opposite party

no. 2- complainant and as per the complaint, there was demand

of dowry of rupees two lakhs cash and one bullet motorcycle. It

is alleged that on the date of occurrence the petitioner and other

accused persons had snatched gold jewellery and the

complainant and her child was sent to her parents' house and

even in the Panchayati, the petitioner is said to have been

adamant on the demand of dowry.

5. The Court below has taken cognizance against the

petitioner and his mother under Section 498-A of the Indian

Penal Code and 3/4 of the Act.

6. On 09.03.2021, the Court had issued notice to the

opposite party no. 2 and had granted interim protection to the

petitioner on the stand taken by him that he was unconditionally

ready to keep the complainant with him with full dignity, honour

and security.

7. On 27.07.2021, learned counsel for the opposite

party no. 2 had informed that though the petitioner had

remarried another woman, still the opposite party no. 2 was

ready to go and live with the petitioner if he provides her a

separate accommodation and keeps her with full dignity, honour

and security and takes care of all her needs. The Court had, thus, Patna High Court CR. MISC. No.31905 of 2020 dt.26-08-2021

adjourned the matter for today when both the petitioner as well

as opposite party no. 2 were directed to file affidavit.

8. No affidavit is on the record.

9. Learned counsel for the petitioner submitted that

the petitioner had gone to the house of the opposite party no. 2

to bring her back, but he was locked up and beaten and when the

opposite party no. 2 did not return to the matrimonial home, he

has married another woman.

10. Having considered the matter, the Court finds that

the allegation made in the complaint cannot be brushed aside as

being frivolous and appears to be very natural. Moreover, the

petitioner having remarried without taking steps to restore the

matrimonial relationship or attempting any reconciliation and

most importantly, there being a child, the Court is not inclined to

grant pre-arrest bail to the petitioner.

11. Accordingly, the petition stands dismissed.

12. Interim protection given to the petitioner under

order dated 09.03.2021 stands vacated.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T