Md. Sikandra Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18615 of 2023 Arising Out of PS. Case No.-473 Year-2022 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Md. Sikandra Alam Son of Md. Ayub Ansari Resident of Village- 78 Nimakatu Ps- Pratappur District- Chatra (Jharkhand) ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Jammana Praveen D/o- Haji Master Isha Ali W/o- Md. Shikandra Alam, Resident of Village- Jubeda Thana Amas, District- Gaya (Bihar) ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajnish Ranjan, Advocate For the Opposite Party/s :
Mr Daudheswar Prasad, Advocate For the State :
Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-06-2023 Heard Mr. Rajnish Ranjan, learned counsel appearing on behalf of the petitioner; Mr. Daudheswar Prasad, learned counsel appearing on behalf of Opposite Party No. 2 and Mr. Ajay Kumar No. 2, learned APP appearing on behalf of State.
2. The petitioner apprehends his arrest in connection with Complaint Case No. 473 of 2022 registered under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
3. As per the complaint, the petitioner was married with the complainant on 08.07.2012 and he had started demanding dowry and misbehaved and assaulted her for nonfulfillment of Rs. 5 lakh on account of dowry.
Patna High Court CR. MISC. No.18615 of 2023(2) dt.12-06-2023 2/3
4. Learned counsel appearing on behalf of the petitioner submits that petitioner never misbehaved with the complainant, who is his legally wedded wife. Learned counsel further submits that petitioner is ready to settle the dispute with his wife. He is also ready to fulfill physical as well as financial needs of complainant. It has been submitted that the petitioner undertakes to get his daughter admitted in a good school and make payment of school fees. He will also incur expenses for all the necessary requirements for raising his girl child in a proper manner. Learned counsel further submits that for the said purpose the petitioner has assessed the expenditure of Rs. 5,000/- per month for taking proper care of the girl child.
5. Learned counsel appearing on behalf of the Opposite Party No. 2 submits that petitioner had brutally assaulted and misbehaved with OP No. 2. He further submits that OP No. 2 has been forced to file an F.I.R. subsequent to the lodging of the present complaint.
6. Considering the nature of allegation made in the complaint as well as willingness of the petitioner to settle the dispute as stated in Paragraph No. 8 of the bail application as well as statement made at the Bar that the petitioner is ready to keep the complainant with full dignity and honour and he is also
Patna High Court CR. MISC. No.18615 of 2023(2) dt.12-06-2023 3/3 ready to fulfill her physical as well as financial needs.
7. The petitioner is directed to be released on provisional bail for a period of three months, on such terms and conditions as the learned Court below deems it fit and proper, during the said period both the parties must take all measures to reconcile their matrimonial dispute and file a joint affidavit in the Court below. In case no such joint affidavit is filed for any reason, the Court below must strive on its own to reconcile at least for a period of one year. If the parties agree to live together and lead a happy married life and joint affidavit is filed before the Court below to the effect, the provisional bail granted to the petitioner shall be made absolute after a period of one year. In case of failure of the same the parties are at liberty to take proper legal remedy in accordance with law.
8. With the above observation and directions, the application filed on behalf of petitioner is disposed of. (Purnendu Singh, J) Manish/ Minu/- U T