Tausif Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14615 of 2023 Arising Out of PS. Case No.-93 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== TAUSIF AHMAD S/O MD IMTEYAZ R/v- Bansali Khurd, P.S.- Paligunj, District- Patna At present residing at Flat 2, Block-5, Shalimar Malwa Enclave Society, P.S- MIG Police station , Indore, Madhya Pradesh ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

GULAFSHAN SHAHEEN W/O TAUSIF AHMAD R/o- Navanagar Nizamat, ward no. 10, P.O.- Karnaul, P.S.- Sahebganj, District- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abu Bakar, Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP.

Mr. Nachiketa Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-07-2023 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 Sections 341, 323, 504, 506, 498A/34 of the Indian Penal Code.

Petitioner, who is husband of opposite party no2., is said to have tortured upon her physically and mentally and ousted her 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 committed no offence. Petitioner has neither made any dowry demand nor

Patna High Court CR. MISC. No.14615 of 2023(4) dt.07-07-2023 2/3 drove her out of her matrimonial home nor tormented her over the demand of dowry.

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 Sahebgunj P.S. Case No. 93 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., Petitioner is ready to pay Rs.10,000.00 (Rupees Ten Thousand) per month to the 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.

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.

Learned Counsel for the opposite party no.2 is directed to furnish the bank account details of the opposite party no.2. If he

Patna High Court CR. MISC. No.14615 of 2023(4) dt.07-07-2023 3/3 fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the opposite party no.2 after he 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) divyanshi/- U T