Md. Razzak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11937 of 2023 Arising Out of PS. Case No.-1096 Year-2022 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== MD. RAZZAK Son of Md. Sattar @ Sattar R/V- Dihia P.s- jalalgarh DistPurnea. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Afsana Khatoon Wife of Md. Rajjzak, Daughter of Md. Hassim R/o Kanaila P.O- Rani Patra, P.S- Sadar (Muffasil) Rani Patra Dist- Purnea. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ajit Kumar Singh, Advocate For the State :

Mr. Anant Kumar 1, APP For O.P. No.2 :

Mr. Fazle Karim, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-07-2023 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State.

By order dated 11.05.2023, the matter was sent to Mediation Centre, Patna High Court.

Learned counsel for the parties submit that the mediation has failed.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 498A, 354(B), 504 and 506 of the Indian Penal Code. Petitioner, who is husband of opposite party no.2, is said to have ousted the opposite party no.2 from her

Patna High Court CR. MISC. No.11937 of 2023(3) dt.06-07-2023 2/3 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 committed no offence. Petitioner has neither made any dowry demand nor drover her out of her matrimonial home nor tormented her over the demand of dowry. 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 Complaint Case No.1096/2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. 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 Centre for the purpose of

Patna High Court CR. MISC. No.11937 of 2023(3) dt.06-07-2023 3/3 reconciliation or for one time settlement.

Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) S.KUMAR/- U T