Zafar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25524 of 2024 Arising Out of PS. Case No.-172 Year-2023 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== Zafar Alam Son of Hasin Ahmad @ Mahtab Alam Resident of VillageJhagarua, P.S.- Jamalpur, Dist.- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar Patna 2.

Rubana Parween Wife of Zafar Alam, D/o Kamrul Shah R/o villageJhagarua, P.S.- Jamalpur, Dist.- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Padmanabh Kashyap, Adv.

For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP.

Mr. Girish Chandra Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-09-2024 Heard learned counsel for the for the petitioner, learned APP for the State and learned counsel for the complainant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A & 494 of the Indian Penal Code.

3. Petitioner, who is husband of complainant, is said to have tortured upon her physically and mentally in association of his family members over the dowry demand.

4. 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.25524 of 2024(3) dt.21-09-2024 2/3 drove the complainant out of her matrimonial home nor tormented her over the demand of dowry. The allegation levelled against the petitioner is totally false and based on concocted facts. 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. Petitioner has no criminal antecedent as mentioned in para 3 of the bail application.

5. 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 Darbhanga Complaint Case No. 172 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

6. Petitioner is ready to pay Rs.3000.00 (Rupees Three Thousand) per month to the complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, complainant shall be at liberty to

Patna High Court CR. MISC. No.25524 of 2024(3) dt.21-09-2024 3/3 move before the learned Court below for cancelling the bail bond of the petitioner.

7. 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.

8. Learned counsel for the complainant is directed to furnish the bank account details of the complainant. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the complainant after she furnishes her bank account details.

9. 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.

10. With the aforesaid observation and direction, this application stands disposed of.

(Anjani Kumar Sharan, J) divyanshi/- U T