Patna High CourtCR. MISC./16579/2024bail granted

Md. Naushad v. The State Of Bihar

2024-07-31Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16579 of 2024 Arising Out of PS. Case No.-562 Year-2022 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Md. Naushad Son of Md. Mustaki Resident of Village- Simra, P.S.- Sakara, District- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar 2.

Shahjadi Khatoon Wife of Md. Naushad, D/o Abdul Salam Resident of Village- Majhauliya, P.S.- Sadar, Post- Dumri, District- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sagar Kumar For the Opposite Party/s :

Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-07-2024

1. Heard learned Counsel for the petitioner, learned Counsel for the informant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 562 of 2022, registered for the offences punishable under Section 498(A) of the Indian Penal Code.

3. The allegation, as per the complaint, is that the marriage of the Opposite Party No. 2 was solemnized with the petitioner on 16.06.2020 with Muslim customs on payment of Dein Mohar of Rs. 21,000/-. After the marriage, Rs, 2,00,000/- was demanded as dowry from the side of the petitioner and due to non-fulfillment of the said demand, the petitioner and other family members tortured the Opposite

Patna High Court CR. MISC. No.16579 of 2024(4) dt.31-07-2024 2/3 Party No. 2 physically as well as mentally and also ousted the Opposite Party No. 2 from her matrimonial home.

4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. However, without prejudice to the right and contention of the petitioner, and in order to maintain harmony in the family, the petitioner is ready and willing to pay a sum of Rs. 5,000/- per month to the Opposite Party No. 2 as living cost, subject to the final outcome of the present case as well as the matrimonial case pending between the parties.

5. Learned Counsel for the informant-Opposite Party No. 2 accepts the offer so made by learned Counsel for the petitioner and submits that the petitioner may be directed to deposit the said amount of Rs. 5,000/- per month in the bank account of the informant-Opposite Party No. 2, details of which shall be furnished by learned Counsel for the Opposite Party No. 2 to learned Counsel for the petitioner within one week from today.

6. After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the offer made by learned Counsel for the petitioner has been accepted by learned Counsel for the

Patna High Court CR. MISC. No.16579 of 2024(4) dt.31-07-2024 3/3 Opposite Party No. 2, I am inclined to grant the petitioner privilege of anticipatory bail.

7. This application is, accordingly, allowed.

8. Let the petitioner, above named, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Muzaffarpur East, in connection with Complaint Case No. 562 of 2022.

9. This is subject to the condition that the petitioner shall deposit a sum of Rs. 5,000/- per month in the bank account of Opposite Party No. 2 positively, starting from 10th August, 2024.

(Anil Kumar Sinha, J) HarshPandey/- U T