Md. Rahmat Ali @ Md. Rahmat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11582 of 2023 Arising Out of PS. Case No.-1134 Year-2022 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== MD. RAHMAT ALI @ MD. RAHMAT S/O MOHAMMAD AHMAD Resident of Village- Chhatari Tola, Ward No.- 13, District- Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SHAVNAM KHATOON W/O MD. RAHMAT ALI Resident of VillageTeghra, Gachhi Tola, P.S.- Teghra, District- Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Yogesh Kumar For the State :

Mr. Shailendra Kumar For the O.P. No.2 : Mr. Sandeep Kumar Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-04-2023 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 323 and 498A of the Indian Penal Code.

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.

It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has

Patna High Court CR. MISC. No.11582 of 2023(2) dt.26-04-2023 2/3 committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. He is still ready to keep her with full honour and dignity. Learned counsel for the petitioner further submitted that petitioner is ready to make payment of Rs.4,000/- (Rupees four Thousand) in second week of every succeeding month in the bank account of opposite party no.2 for her maintenance as per the details furnished by her counsel.

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 Complaint Case No.1134C of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial, maintenance or any other collateral proceedings. The present order, in any way, will preclude the

Patna High Court CR. MISC. No.11582 of 2023(2) dt.26-04-2023 3/3 parties to resolve the issue otherwise.

It is made clear that if the petitioner fails to make payment on three consecutive dates, the learned court below will be at liberty to cancel the bail bond of the petitioner. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) Trivedi/- U T