Md. Pepsi @ Md. Sohrab @ Sohrab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2716 of 2023 Arising Out of PS. Case No.-717 Year-2022 Thana- KATIHAR NAGAR District- Katihar ====================================================== MD. PEPSI @ MD. SOHRAB @ SOHRAB S/O LATE KHALIL Resident of M.G. Road, Behind of Chaudhary Medical, P.S.- Katihar Town, DistrictKatihar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhola Prasad, Adv.

For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-03-2023 Heard learned counsel for the for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable u/s 341, 323, 504, 506, 498A, 34 of the IPC and Section 3⁄4 of the Dowry Prohibition Act. Petitioner, who is husband of informant, is said to have subjected her to cruelty and torture and ultimately she was ousted from the matrimonial house.

It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. He has been falsely implicated in this case due to ulterior motive. She herself left the matrimonial house and used to torture the petitioner for his poverty. He is still ready to keep

Patna High Court CR. MISC. No.2716 of 2023(2) dt.28-03-2023 2/3 her with full honour and dignity. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182.

In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Katihar Town P.S. Case No.717 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Petitioner is ready to pay Rs.3000.00 (Rupees Three Thousand) per month to the informant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, informant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

Patna High Court CR. MISC. No.2716 of 2023(2) dt.28-03-2023 3/3 Learned Court below is directed to issue notice to informant for furnishing her bank account details. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the informant after she furnishes her bank account details. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

With the aforesaid observation and direction, this application stands disposed of.

(Anjani Kumar Sharan, J) pallavi/- U T