Md. Firoz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16728 of 2024 Arising Out of PS. Case No.-385 Year-2019 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Md. Firoz SON OF MD. IBRAHIM village -Kokani P S- Hasanpur District -Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurabh Kumar, Adv.
For the State :
Mr. Dinesh Singh, APP For the Complainant :
Mr. Hafiz Shahbaz Arif, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2025 Heard learned counsel for the parties.
2. The petitioner seeks bail in a case registered for the offences punishable under Section 498A of the Indian Penal Code.
3. Petitioner, who is husband of complainant, is said to have ousted the complainant from her matrimonial home in association of his family members over the dowry demand.
4. Learned counsel for the petitioner submits that the petitioner is an innocent person and has 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 submits that the petitioner has no criminal antecedent and has been languishing in custody since
Patna High Court CR. MISC. No.16728 of 2024(6) dt.10-01-2025 2/3 11.10.2023.
5. In that view of the matter, let the above named petitioner, be released on bail 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. 385 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C..
6. Petitioner is ready to pay Rs.3,000/- (Rupees Three Thousand) per month to opposite party no.2 in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.
7. 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.
8. Learned counsel for the opposite party no.2 is directed to make available the bank account details of opposite party no.2 within a period of two weeks by submitting affidavit of the same before the learned Court Below.
9. If so advised, either of the parties will be at
Patna High Court CR. MISC. No.16728 of 2024(6) dt.10-01-2025 3/3 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.
10. Accordingly, this application stands disposed of.
(Anjani Kumar Sharan, J) anand/- U T