Shahi Jamal Khan @ Shahi Jamal @ Shahid Jamal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5052 of 2025 Arising Out of PS. Case No.-433 Year-2024 Thana- RAMNAGAR District- West Champaran ====================================================== Shahi Jamal Khan @ Shahi Jamal @ Shahid Jamal S/O Firoj Khan R/O Village- Danmarwa, P.S- Ramnagar, Dist.- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rajiya Khatoon W/O Shahid Jamal @ Shahi Jamal Khan @ Shahi Jamal, D/O Mukhtar Khan R/O Sitapur, P.S- Shikarpur, Distt.- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Milind Kumar Mishra, Advocate For the State :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-06-2025 Heard Mr. Milind Kumar Mishra, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor for the State as well as learned counsel for the informant.

2. The petitioner is apprehending his arrest in connection with Ramnagar P.S. Case No. 433 of 2024, F.I.R. dated 19.01.2024 for the offences punishable under Sections 85, 3(5) Bharatiya Nyaya Sanhita, 2023.

3. According to prosecution case, the petitioner after marriage with the informant started to demand dowry and in non-compliance of the same he started to assault the informant.

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4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case merely on the ground that he is the husband of the informant. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. He further submits that pursuant to the direction of this Court, the matter was referred before the learned Mediator for settling the dispute between the parties. The report of the leaned Mediator dated 25.03.2025 reveals that dispute between the parties could not be settled through the process of mediation. He further submits that the petitioner is ready to pay Rs. 5,000/- per month to the informant till the disposal of this case, if any.

5. The learned counsel for the informant submits that he has no objection if the petitioner pays Rs. 5,000/- per month to the informant.

6. In view of the aforesaid, the petitioner is directed to pay Rs. 5,000/- per month to the informant, namely, Raziya Khatoon in her bank from the month of June, 2025 and the Account details is mentioned hereinbelow and if the petitioner fails to pay the aforesaid amount to the informant, the informant is at liberty to move before the appropriate forum for

3/4 cancellation of petitioner's bail bond.

Name:- Raziya Khatoon Account No:-762102120024433 IFSC:-UBIN0576212 Branch:-Narkatiaganj, Paschim Champaran

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Divisiona Judicial Magistrate, Bagaha, West Champaran in connection with Ramnagar P.S. Case No. 433 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the B.N.S.S., 2023 and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

4/4 ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Jyoti Kumari/- U T