Md. Masleuddin @ Masleuddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26134 of 2024 Arising Out of PS. Case No.-869 Year-2017 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== MD. MASLEUDDIN @ MASLEUDDIN S/O LATE MANZOOR ALAM R/O VILLAGE- FENSAHA, P.S- SALKHUA, DISTT.- SAHARSA. ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
LADLI PARWEEN D/O MD. ALAM R/O VILLAGE- TARHA, P.OSUGMA, O.P. BANMA ITAHARI, P.S- SALKHUA, DISTT.- SAHARSA. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baidur Rahman, Adv.
For the State :
Mr. Rana Randhir Singh, APP.
For the Complainant :
Mr. Syed Ashfaque Ahmad, Adv.
====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned counsel for the complainant in the presence of the parties.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act and he is husband of the complainant.
3. The instant case arises out of the complaint filed by the complainant, wife of the petitioner, alleging therein that there was demand of 1 lac and the consequent torture upon her.
4. The matter had been referred earlier to the Mediation and Conciliation Centre, Patna High Court for resolution of the disputes between the parties, but the mediation process failed.
Patna High Court CR. MISC. No.26134 of 2024(8) dt.30-04-2025 2/3
5. After having a discussion, there appears to be an agreement between the parties to the fact that the petitioner is ready to take his wife (complainant) along with him and as demanded by the complainant, he is even agreeable on taking an accommodation on rent near his house in which he would stay along with his wife separately. The petitioner says that he needs a time of 10-15 days for arranging for the said accommodation. After 15 days from today, the petitioner would take his wife to his rented accommodation and also keep her with due dignity and honour. This situation also seems to be acceptable to the complainant.
6. In such 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 four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten 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. 869(C) of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
7. However, if the said agreement between the parties is violated and either the petitioner does not take his wife to a
Patna High Court CR. MISC. No.26134 of 2024(8) dt.30-04-2025 3/3 rented accommodation or he does not treat her with due dignity and honour, the complainant would be at liberty to file an application for cancellation of his bail bonds. It is also expected from the complainant that she would not refuse to go and stay along with her husband on any flimsy ground and if any application for cancellation of bail is subsequently filed, the bona fide of both the parties would be taken into consideration. (Soni Shrivastava, J) divyanshi/- U T