Md. Monazir Hasan @ Monazir Hasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19371 of 2022 Arising Out of PS. Case No.-31 Year-2021 Thana- MORKAHI District- Khagaria ====================================================== MD. MONAZIR HASAN @ MONAZIR HASAN Son of Late Md. Jahid Hasan Resident of Village - Bachouta, P.S. Morkahi, District - Khagaria. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. S.D. Sanjay, Senior Advocate Mr. Lokesh Kumar, Advocate Ms. Sushmita Mishra, Advocate For the State :

Mr. Pushpa Sinha.1, APP For the Informant :

Mr. Anurag Saurabh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-08-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 498(A), 313, 467, 468, 420, 307 and 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. Petitioner, who is husband of the informant, is said to have ousted the informant 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 drove her out of her matrimonial home nor tormented her over

Patna High Court CR. MISC. No.19371 of 2022(2) dt.25-08-2022 2/3 the demand of dowry. He is still ready to keep her with full honour and dignity. 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 Morkahi P.S. Case No.31 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. Petitioner is ready to pay Rs.10,000/- (rupees ten thousand) per month to the informant in the second week of every month for a period of one year. If the petitioner fails to pay the aforesaid amount on two consecutive months, the informant 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

Patna High Court CR. MISC. No.19371 of 2022(2) dt.25-08-2022 3/3 maintenance case or any other collateral proceedings. Learned counsel for the informant is directed to make available the bank account details of the informant in the learned court below.

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 reconciliation or for one time settlement.

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